Republic v Vincent Gikunda Mwigwa [2018] KEHC 7718 (KLR)

REPUBLIC OF KENYA

IN THE  HIGH COURT OF KENYA AT MERU

HCR NO 25 OF 2009

REPUBLIC..............................................................................STATE

VERSUS

VINCENT GIKUNDA  MWIGWA................................ACCUSED

SENTECING

1. I have considered the mitigation of the accused. That he is a first offender. That he has a child who is dependant on him. That he is remorseful.

2. I have noted the Pre-sentence Report on record is positive of the  accused.

3. However, I have noted the circumstances under which the offence was committed. That the accused  lured his estranged wife to surrender to him a  2 ½ year old child whom he savagely eliminated from this world and dumped its remains in a pit latrine.  I do not think that  a merciless father like the accused deserves mercy from this Court.

4. Accordingly, I sentence the accused to suffer death as per the law provided.

14 days Right of Appeal explained.

DATED and DELIVERED at MERU this  21st day of  MARCH, 2018.

A. MABEYA

JUDGE

21:03:18

In the presence of:-

Court Assistant : Boniface

Mr. Namiti for state

Ms. Nelima for accused