[2020] KEHC 1638 (KLR)
The court considered the pre-sentencing report, which was favourable to the accused, noting her personal hardships, the willingness of both families to accommodate her, and her lengthy period in custody since 14th July 2014. The judge found these mitigating factors sufficient to depart from a custodial sentence and...
Source-derived case information.
- Citation
- [2020] KEHC 1638 (KLR)
- Parties
- Applicant: Republic; Defendant: Beatrice Wanthi Musembi
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 150 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to three years probation under supervision.
- Legal Topics
- Murder, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Beatrice Wanthi Musembi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or probation after conviction for murder.
- 2 Whether the period already spent in custody should influence the sentence.
Ratio Decidendi
The court considered the pre-sentencing report, which was favourable to the accused, noting her personal hardships, the willingness of both families to accommodate her, and her lengthy period in custody since 14th July 2014. The judge found these mitigating factors sufficient to depart from a custodial sentence and instead ordered that the accused serve three years on probation under the supervision of the Makueni county probation officer. The court explained the conditions of probation and the right of appeal to the accused.
Court Disposition
Accused sentenced to three years probation under supervision.
Orders
- The accused shall serve three years on probation under the supervision of the Makueni county probation officer.
- Conditions of probation explained to the accused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 150 OF 2017
FORMERLY HCCRC 40 OF 2014
REPUBLIC..........................................................................................PROSECUTION
VERSUS
BEATRICE WANTHI MUSEMBI..............................................................ACCUSED
RULING ON SENTENCE
Beatrice Wanthi Musembithe accused was charged and convicted of murder contrary to section 203 as read with section 204 of the Penal Code. Having considered the circumstances of this case and the mitigation, I called for a pre-sentencing report. The report was filed on 22nd September 2020.
The report shows that several people were interviewed from both families. They seem ready to accommodate her.
The accused’s husband disappeared since the commission of this offence. She has therefore been left alone to carry the burden. She has two children out of her earlier marriage where the husband died. The report is generally favourale to her.
She has been in prison custody since 14th July 2014 when she first appeared in court. That is six (6) years plus three (3) months.
Following the report, I do order that she serves on probation for three (3) years under the supervision of the Makueni county probation officer.
Conditions of probation explained to her. Right of appeal explained.
Orders accordingly.
Delivered, signed & dated this 10th day of November 2020, in open court at Makueni.
......................
H. I. Ong’udi
Judge