[1992] KECA 20 (KLR)
The Court found that the evidence against the appellant was overwhelming: she was the only other person present at the scene, the murder weapon was recovered in her house, and her attempt to implicate another person was disproved. The conviction for manslaughter was therefore upheld. However, the Court determined...
Source-derived case information.
- Citation
- [1992] KECA 20 (KLR)
- Parties
- Appellant: Agnes Wairimu Gichuki; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 1992
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence in the High Court
- Outcome
- Appeal against conviction dismissed; appeal against sentence allowed to the extent of reducing sentence to three years.
- Legal Topics
- Manslaughter, Sentencing, Mitigating Factors, Appeal Dismissal, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Wairimu Gichuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the High Court
Legal Issues
- 1 Whether the conviction for manslaughter was supported by the evidence.
- 2 Whether the sentence imposed was appropriate in light of the appellant's personal circumstances.
Ratio Decidendi
The Court found that the evidence against the appellant was overwhelming: she was the only other person present at the scene, the murder weapon was recovered in her house, and her attempt to implicate another person was disproved. The conviction for manslaughter was therefore upheld. However, the Court determined that the trial judge did not have the benefit of all relevant personal circumstances of the appellant, particularly her responsibilities towards her two children, which warranted a reduction in sentence. The sentence was reduced from six years to three years to meet the ends of justice while still holding the appellant accountable for the offence.
Court Disposition
Appeal against conviction dismissed; appeal against sentence allowed to the extent of reducing sentence to three years.
Orders
- Appeal against conviction is dismissed.
- Sentence is reduced from six years to three years imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NAKURU
Criminal Appeal 37 of 1992
AGNES WAIRIMU GICHUKI …………..………. APPELLANT
AND
REPUBLIC …………………………..…………. RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya
doret (Justice Aganyanya) dated 20th March, 1991
In
H.C.CR. C NO. 24 OF 1989)
***********************
JUDGMENT OF THE COURT
AGNES WAIRIMU GICHUKI (hereinafter called “the appellant”), was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, in that on 1st January, 1989, at Shauri Yako Estate, Uasin Gishu District of the Rift Valley Province, she murdered Susan Wacheke (the deceased).
According to the evidence led a the trial and accepted by the Judge, the deceased had given the appellant a hundred shillings note to go and buy chang’aa worth KShs. 10/= for herself and to return the change of KShs 90/= to the deceased. The appellant bought the liquor but refused to return the change to the deceased. The deceased demanded the change several times culminating with the final encounter in the appellant’s house on the night of 1st January, 1989, when the appellant stabbed the deceased with a kitchen knife and fatally wounded her.
After a full trial, the appellant was convicted of manslaughter and sentenced to 6 years imprisonment. She now appeals to this Court against both conviction and sentence. Before us she did not put forward any valid grounds for challenging her conviction. The evidence against her was overwhelming. She was the only other person besides the deceased present in her house where the attack tool place. The knife which the appellant used in the attack and which was heavily stained with the deceased’s blood was recovered in the appellant’s house. Although the appellant had suggested that the offence had been committed by someone else, the leads she gave the police in this regard proved to be false. The appeal against conviction must therefore fail and it is accordingly dismissed.
As regards sentence, although it is lawful, it seems to us that if all the relevant personal circumstances of the appellant had been placed before the Judge, he would have been inclined to impose a shorter sentence than he did. The only mitigating factor placed before the Judge by counsel who appeared for the appellant at her trial was that the appellant was drunk at the material time. The appellant has made a further plea in mitigating before us and she says that her two children aged 16 and 9, have been abandoned by her husband and are now being cared for by her poor parents. We do not believe that the children should be made to suffer because of the fault of their mother. Nevertheless, the appellant must take responsibility for the senseless killing of the deceased. For these reasons, we consider that the ends of justice would be met by reducing the sentence to 3 years. The appeal against sentence is allowed to this limited extent only.
Dated and delivered at Nakuru this 25th day of September, 1992
J.R.O. MASIME
JUDGE OF APPEAL
J.E. GICHERU
JUDGE OF APPEAL
R.O. KWACH
JUDGE OF APPEAL