Republic v Ndiba [2022] KEHC 15097 (KLR)

Republic v Ndiba (Criminal Case 022 of 2021) [2022] KEHC 15097 (KLR) (9 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15097 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Criminal Case 022 of 2021

CM Kariuki, J

November 9, 2022

Between

Republic

Prosecutor

and

Clinton Ndiba

Accused

Ruling

1. The Accused was charged with offence of murder contrary to section 203 as read with section 204 of the Penal Codecap 63 Laws of Kenya.

2. Particulars were that on December 4, 2021 at Kianoe village within Subukia village within Subukia Sub – County within Nakuru County,Murdered Joseph Kinyanjui.

3. He pleaded not guilty and the matter was scheduled for hearing after pre-trial directions.

4. Later the defence and the prosecution entered into a plea -bargain negotiation which culminated with accused changing plea to that of guilty to a lesser offence of manslaughter.

5. The facts were read to the effect that on December 4, 2021 at around 1pm at Kianoe Location, Subukia Sub-County within Nakuru County, the accused person came home while very drunk and confronted his father, the deceased, for no particular reason. The deceased then asked the accused to move out of his homestead because the he was always drunk and creating disturbance. The deceased took an iron bar and demolished the house in which the accused used to sleep in. The accused’s mother, Zipporah Mukami, immediately went to the area chief to report that the accused was fighting with his father. The accused became violent, picked up the metal bar and hit the deceased on the head thus killing him instantly. Shortly thereafter, the accused followed his mother and told her that he had finished his father and he would finish her too. The accused’s mother pleaded with her son not to kill her so that she could fend for her other children. The police were called and shortly thereafter, the accused was arrested and taken to Subukia police Station.

6. Investigations commenced and it was found that the accused had committed the offence of murder and was therefore charged with murder which has now been substituted with manslaughter.

7. The iron bar used in the commission of the offence was sent to the government chemist for analysis. A post mortem was conducted on the body of the deceased at Nyahururu County and referral Hospital which revealed the cause of death as severe head injury secondary to crush injury of the skull following assault with a sharp penetrating instrument. The postmortem report is produced as exhibit.

8. The facts above were read to accused and he stated that they are correct.

9. The Prosecution told court that accused can be treated as a first offender as he had no previous records.

10. The defence in mitigation submitted that the deceased provoked the accused while accused was drunk by demolishing his (accused) house to stop demolitions, the accused the deceased once but he died instantly.

11. Thus, he seeks leniency. He told court he is sorry and repentant and remorseful.

12. He was 23 years and now going to 24 years and seeks mercy to go home to take care of his young siblings and elderly mother.

13. He has been in custody for almost a year.

14. The court has taken to account that that the deceased is the one who provoked his son accused herein by demolishing his house.

15. The accused was drunk and had initially confronted his late father before the deceased demolished accused house.

16. It was not justified to hit his later father on the head to stop his act of demolition. He could have used a better method to stop him.

17. Accused is a first offender and has saved court time by pleading guilty to a lesser offence of manslaughter. Court has taken to account his age.

18. Thus, the court will sentence accused to five years to run from the date of arrest December 4, 2021.

DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 9TH DAY OF NOVEMBER 2022. ..................................................CHARLES KARIUKIJUDGE