Republic v Ngari & another [2024] KEHC 7586 (KLR)

Republic v Ngari & another (Criminal Case E002 of 2021) [2024] KEHC 7586 (KLR) (20 June 2024) (Sentence)

Neutral citation: [2024] KEHC 7586 (KLR)

Republic of Kenya

In the High Court at Nyeri

Criminal Case E002 of 2021

DKN Magare, J

June 20, 2024

Between

Republic

Prosecution

and

Eddy Kariuki Ngari

1st Accused

Raphael Wachira Kariuki

2nd Accused

Sentence

1. The accused pleaded guilty to the offence of manslaughter in a plea bargain. The accused admitted to one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. They were hired to kill the deceased. The offence was premeditated and motivated by pay. They shared the loot of Kshs. 100,000/=. They cheapened human life to that amount.

3. The 1st Accused was 25 years old at the time of writing the Probation Report. The second accused was aged 36 years. He still failed to accept. He was also single. The killing was macabre. The plea bargain helped remove the death sentence from the table.

4. The 1st Accused is more remorseful. He shall serve 25 years imprisonment effective – the date of arrest.

5. The 2nd Accused though entered into a plea bargain, is not remorseful. He has callous disregard for life. There are no family members who will miss him, being single at 36 years. I sentence him to 30 years imprisonment effective – the date under arrest.Order

6. The court hereby makes the following order regarding to sentencing:-a.The 1st Accused is sentenced to 25 years imprisonment effective 20/2/2021, the date of arrest.b.The 2nd Accused is sentenced to 30 years imprisonment effective 22/2/2021, the date of arrest.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 20TH DAY OF JUNE, 2024. SENTENCE READ AT 11. 07 A.M. WITH PARTIES LOGGED IN VIRTUALLY, ON MICROSOFT TEAMS PLATFORM.KIZITO MAGAREJUDGEIn the presence of:Mr. Gichuki for the 1st AccusedMr. Ndichu for the 2nd AccusedAccused 1 and Accused 2 – presentMs. Kaniu for the StateCourt Assistant - Jedidah