Republic v Wanjiru [2023] KEHC 17256 (KLR)

Republic v Wanjiru (Criminal Case 17 of 2019) [2023] KEHC 17256 (KLR) (11 May 2023) (Judgment)

Neutral citation: [2023] KEHC 17256 (KLR)

Republic of Kenya

In the High Court at Kerugoya

Criminal Case 17 of 2019

RM Mwongo, J

May 11, 2023

Between

Republic

Prosecution

and

Chiristine Wangui Wanjiru

Accused

Judgment

1. Charge: Murder Contrary to Section 203 as read with Section 204 PC.Plea: First entered plea on August 15, 2019. PBA: Signed by Parties Adopted by Court on March 6, 2023. Conviction: Manslaugter Contray to section 205 PC, liable for life Imprisonment.DPP Mitigation: First offender yes or no Yes.DPP recommends 20 years imprisonment.Accused seeks 3 years probation.Facts: As per PBA a clear/legible post mprtem report to be filled as the one on the file is unclear.Accused and Deaceased were living as husband/wifeJuly 20, 2019 Deceased visited wife. They fought. Deceased picked a knife. She overpowered him and stabbed him. He succumbed to injuries.Post Morterm: Cause of death shock (hemorrhage) following injuries.Post Mortem dated July 29, 2019 Medical Superintendent Kerugoya County Referral Hospital.POR: Recommends this as a suitable case for non-custodial sentence;Dated: April 5, 2022 with Guidance and Counselling on Anger Management.Filed: February 14, 2022Accused mitigation: Through Counsel accused is remorseful; Aged 26, first born. Has 2 children ages 9, 12; Has 3 brothers who are young and have no parents. She has reformed; she acted in self defence.Embu Women’s Prison Report dated July 29, 2022 is on file. She has served 3 years imprisonment.

Trained in dress making; knitting.

She is disciplined and of good character.

She co-exists peacefully with others.

Sentence: This is an appropriate case in which the maximum sentence need not apply.1. In addition to the 3 years imprisonment already served, the accused is sentenced to 3 years non-custodial sentence with immediate effect.2. In addition, during that period the Accused:a.Shall be engaged in Community Service in a programme designed and facilitated by the Probation Officer in a Public facility/office.b.Shall be enrolled and engaged in a Guidance and Counselling programme, including Anger Management; designed or facilitated by the Probation Officer.Orders accordingly.

DATED AND SIGNED THIS 11TH MAY, 2023. R. MWONGOJUDGEDelivered in the presence of:State Counsel - Mamba.Makazi - for Accused.Accused - Present in Court.Murage - Court Assistant.