[2016] KEHC 8005 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to a sentence that reflected both the circumstances of the offence and her personal mitigation. The social inquiry and victim impact reports indicated a history of domestic violence and lack of bitterness from...
Source-derived case information.
- Citation
- [2016] KEHC 8005 (KLR)
- Parties
- Applicant: Republic; Defendant: Charity Wambui Chege
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three years community service under supervision.
- Judges
- J Wakiaga
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Victim Impact Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charity Wambui Chege
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for the accused considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to a sentence that reflected both the circumstances of the offence and her personal mitigation. The social inquiry and victim impact reports indicated a history of domestic violence and lack of bitterness from the deceased's family. The court considered the accused's remorse, her responsibilities as a mother, and the recommendation for rehabilitation. Balancing the objectives of sentencing and the best interests of the children, the court determined that a non-custodial sentence of three years community service under supervision was appropriate, with a warning that any further...
Court Disposition
Accused sentenced to three years community service under supervision.
Orders
- The accused is sentenced to three years community service under the supervision of the officer in charge of Gikundi Location, Mukurweini - Nyeri County.
- If the accused commits a similar offence during the community service period, the sentence shall be converted into prison terms for the unserved period.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 43 OF 2014
REPUBLIC...................................................PROSECUTOR
VERSUS
CHARITY WAMBUI CHEGE...............................ACCUSED
SENTENCE
1. The accused CHARITY WAMBUI CHEGE was initially charged with the offence of murder contrary to Section 203as read with Section 204 of the Penal Code. By a plea bargain agreement entered into by the accused and the State and accepted by the court the charges herein were reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code the particulars of which were that on 29/5/2015 at Huruma Kambi Moto Area in Starehe District within Nairobi County unlawfully killed PETER KINYANJUI.
2. The accused pleaded guilty to the said charge the factors of which were that on 29/5/2014 the deceased who was the husband of the accused arrived home drank and found the accused preparing food. The deceased alleged that accused’s cell phone was being answered by a man and a physical confrontation ensued between them before the accused took a kitchen knife and fatally stabbed the deceased.
3. In mitigation the accused stated that she was remorseful for her action which led to the death of her husband and the father of her children an event that will affect her for the rest of her life. Upon realizing the impact of her action, she called her neighbours and tried to assist the deceased get medical assistance. She stated that she is a mother of three minor children who now need her to provide for the best care.
4. To assist the court in passing an appropriate sentence the court ordered for a pre-sentencing social inquiry report in which on the victim impact assessment report it was indicated that the marriage between the deceased and the accused was characterized by violence that arose from excessive use of alcohol on the part of the deceased, cases of infidelity and short temper on the part of the accused. It was indicated that a brother of the deceased who spoke on behalf of the family stated that they did not habour bitterness towards the accused.
5. It was stated that the accused was a 26 year old woman with a class eight (8) level of education who was in her second marriage, which marriage had been characterized with constant fights over suspicion of infidelity. The accused however was indicated to be willing to be guided, counseled and rehabilitated. It was therefore recommended that the same be placed on community rehabilitation program.
6. The objectives of sentencing upon conviction is to meet either of the following
1) Retribution – to punish the offender for his/her criminal conduct in a just manner.
2) Deterrence – to deter the offender from committing a similar offence subsequently as well as to discourage the people from committing similar offences.
3) Rehabilitation – to enable the offender reform from his/her criminal disposition and become a law abiding person.
4) Restorative justice – to address the needs arising from the criminal conduct such as loss and damages.
5) Community protection – to protect the community by incapacitating the offender.
6) Denunciation – to communicate the community’s condemnation of the criminal conduct.
7. Having taken into account the social inquiry report herein, the best interest of the accused three (3) minor children as per the provision of the Children Act the Victim Protection Act and the fact that we are living in an age characterized by physical degeneracy, mental stupor and spiritual death which causes people to act like the accused did, I am of the considered view and hold that the accused will benefit from rehabilitation program and therefore sentence the same to a three (3)year community service under the supervision of the officer in charge of Gikundi Location Mukurweini - Nyeri County and it is so ordered.
8. Should the accused commit a similar offence during the period she is under Community Service Order then the sentence herein shall be converted into prison terms for the period unserved.
DATED, DELIVERED and SIGNED at Nairobi this 18th day of July, 2016.
J. WAKIAGA
JUDGE
In the presence of:-
Mr. Magoma for the state
Mr. Gatumuta for the accused
Accused present
Tabitha court clerk