Republic v Mwangi [2023] KEHC 19708 (KLR)

Republic v Mwangi (Criminal Case 6 of 2019) [2023] KEHC 19708 (KLR) (29 June 2023) (Sentence)

Neutral citation: [2023] KEHC 19708 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Case 6 of 2019

J Wakiaga, J

June 29, 2023

Between

Republic

State

and

Nancy Wamitha Mwangi

Accused

Sentence

1. The Accused was initially charged with the offence of murder for which she pleaded not guilty.

2. By a plea agreement dated 28/9/2021, the said charges were reduced to manslaughter to which she pleaded guilty and was convicted on her own plea of guilty.

3. I have taken into account the circumstances of the offence in which the accused states that she was not in her sound mind when the offence was committed, which offence was committed over a quarrel over maize, the deceased having denied the same access to her farm to pick some maize.

4. The offence explains the level of poverty in our country, where the accused in an act of desperation to feed the children is stopped by her mighty birth for accessing the only means of livelihood available.

5. The accused is a mother of five children, with a mental illness which strangely is attribution to unfulfilled cultural rites.

6. I have noted that the convict has a supporting family which is willing to assist her rise and shine and therefore the best suited sentence herein is a rehabilitating sentence under the loving care of the family.

7. I therefore sentence the convict to a suspended sentence of one (1) day having taken into account the fact that she has been in custody from 6/5/2019.

8. The same shall be free forthwith unless otherwise lawfully held.

9. And it is ordered.

DATED, SIGNED AND DELIVERED AT MURANG’A THIS 29TH DAY OF JUNE, 2023. J. WAKIAGAJUDGE29/6/2023