Republic v Njore [2022] KEHC 15589 (KLR)

Republic v Njore (Criminal Case 14 of 2018) [2022] KEHC 15589 (KLR) (16 November 2022) (Sentence)

Neutral citation: [2022] KEHC 15589 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Case 14 of 2018

J Wakiaga, J

November 16, 2022

Between

Republic

Prosecution

and

Martin Mwangi Njore

Accused

Sentence

1. The convict was initially charged with the offence of murder which was through plea bargain agreement tendered on October 25, 2022 reduced to manslaughter which he pleaded guilty to and was convicted therein.

2. The court is now called upon to pass an appropriate sentence herein taking into account the provision of section 205 of the Penal Code.

3. In mitigation the convict stated that he was a first offender who was arrested while he was 28 years old and was at the time of the sentence 32 years old having been in custody throughout the period since his arrest and first appearance in court on May 15, 2018.

4. In compliance with the provisions sentence policy evidence in court ordered for pre-sentencing report which was duly filed and in which it was stated that on the material day the victim who was the convict’s brother came home drunk as was his usual practice and started abusing his mother and nieces to which the convict intervened and told him to go and sleep so as to sober up. The victim then went into the kitchen and took a fork jembe and attacked the convict with it. The convict then wrangled to snatch the said fork jembe from the victim and hit him with it.

5. It is therefore clear to my mind that the victim was the aggressor and the convict acted in self defence.

6. On the family member view on the offender it was stated the family members are ready and willing to accept the convict back into society since he has learned his lesson while in custody and are pleading for non-custodial sentence which is recommended by the probation officer.

7. Having taken into account the sentence objectives one of which is rehabilitation and taking into account the period the convict has served, I am of the considered opinion and hold that a probation period of three (3) years would be the most suitable sentence herein and I therefore sentence the convict to serve a probation term of three years during which period he shall undergo rehabilitation and reintegration into the society.

8. And it is so ordered.

DATED, DELIVERED AND SIGNED THIS 16TH DAY OF NOVEMBER, 2022. J WAKIAGAJUDGEIn the presence ofCarol Mutahi: Court assistant