Republic v Nakir [2025] KEHC 4253 (KLR)

Republic v Nakir (Criminal Case E010 of 2023) [2025] KEHC 4253 (KLR) (4 April 2025) (Sentence)

Neutral citation: [2025] KEHC 4253 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Criminal Case E010 of 2023

RPV Wendoh, J

April 4, 2025

Between

Republic

Prosecutor

and

Christine Nakir

Accused

Sentence

1. The Accused pleaded guilty to the charge of manslaughter contrary to section 202 as read with section 205 of the penal Code after a plea bargain. She therefore did not waste the courts time.The prosecution treated Accused as a first offender.

2. The court has considered her mitigation together with the presentence report prepared by the probation officer. The accused is a young lady of twenty-one (21) years who murdered her husband to whom the court was informed, she had been forcefully married to at the age of seventeen (17) years and that the said marriage has caused her trauma due to the cruelty of the deceased. The accused has a two (2) year old child.

3. I have however, noted from the presentence report that the accused has not been very candid with the Probation Officer. Her account of how the deceased met his death in the presentence report differs from the facts read to her by the prosecutor. In the facts, she did not just push the deceased but assaulted him with a knife and stone and these facts are supported by the post mortem report. In the presentence report, she claims to have pushed the deceased. Failure to tell the probation officer the true facts means that she is not remorseful for what she did. The pre-sentence report favour’s accused’s release on non-custodial sentence and that “Lapai” the Pokot’s traditional way of compensation for murder has been done, partially.

4. Taking into account the Judicial guidelines on sentencing, that, it is meant to punish, deter, rehabilitate and retribute, and in in view of all that the court has considered above, the court will sentence the accused person to three (3) years imprisonment. The three (3) years imprisonment will commence on 29/11/2023 when she was arraigned in court. After prison sentence, she will be supervised on probation for a period of twelve (12) months.

DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 4TH DAY OF APRIL, 2025R. WENDOH.JUDGE.Judgment delivered in Open Court in the presence of; -Mr. Suter for the StateAccused – presentMr. Kachapin for accused.Juma/Hellen - Court Assistants