[2021] KEHC 5977 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 20 OF 2016

REPUBLIC OF KENYA.................................................................PROSECUTOR

VERSUS

DOMINIC NJENGA KARANJA...........................................................ACCUSED

RULING ON SENTENCING

1. DOMINIC NJENGA KARANJA (Dominic) was convicted on 23rd March, 2021, of the offence of manslaughter contrary to section 202 (1) of the Penal Code. That conviction was by Justice C. Meoli. Her ladyship was transferred from Kiambu High Court and the responsibility of considering the sentence of Dominichas fallen on me.

FACTS

2. Dominic on the night of 23rd September, 2015 was inside his house while his wife was outside washing clothes. They resided on a plot which had other rooms rented by other people. The deceased was reported to have been out on the best part of that evening, in the company of his cousin and from the evidence adduced before court during the trial, the deceased and his cousin had consumed considerable alcohol. The deceased’s cousin resided in the one of the rooms of the plot where Dominic also resided. The deceased was a 19 year old young man. He lived with his father but sometimes spent nights with his cousin.

3. On the night of 23rd September, 2015 the deceased accompanied his cousin to his place of residence. As they entered the plot and on finding the accused’s wife washing clothes outside their room, the deceased seduced accused’s wife which led accused’s wife to scream. That alerted Dominic who came out of their room. Prosecution’s witness, deceased cousin stated that Dominic was angered by deceased seduction of his wife. Dominic and his wife were seen pushing deceased out of the gate of the plot and Dominic is said to have hit deceased with blows. Deceased’s cousin on seeing Dominic ejecting deceased from the plot entered his room to sleep.

4. The following morning deceased’s body was found lying in a disused quarry. The cause of death was stated by the pathologist to be strangulation.

5. The trial Judge after evaluating the evidence tendered by the prosecution and defence found Dominic guilty of manslaughter. The trial Judge stated while convicting Dominic that his action which led to the death of the deceased was over-reaction by Dominic to the seduction, by the deceased of his wife.

6. That outline of the evidence is the basis of manslaughter conviction.

MITIGATION

7. Dominic is 33 years old. He is married with two young children. He has a close-knit supportive family. Until the commission of the offence in this matter Dominic was employed and was able to provide for his young family. He has two young children, one 9 years old and the other 6 years old.

ANALYSIS

8. I will consider the Canadian Criminal Code on sentencing which I find useful. In that, it is stated:-

“The fundamental purposeof sentencingis to contribute, along with crime prevention initiatives, to respectforthe law and the maintenanceofa just, peaceful and safe society by imposing just sanctions that have one or moreofthe following objectives:

(a) to denounce unlawful conduct;

(b) to deter the offender and other persons from committing offences;

(c) to separate offenders from society, where necessary;

(d) to assist in rehabilitating offenders;

(e) to provide reparationsforharm done to victims or to the community; and

(f) to promote a senseofresponsibility in offenders, and acknowledgmentforthe harm done to victims and to the community.

Asentencemust be proportionate to the gravityofthe offence and the degreeofresponsibilityofthe offender.

9. In my view the objective of sentencing Dominic should be one which promotes a sense of responsibility in him, and to have him acknowledge the harm he has done. Dominic spent close to a year in pre-trial incarceration before he was granted bail. In my view that time spent in custody suffices as this Court’s denunciation of the unlawful conduct. In view of the fact that there are no aggravating circumstances that led to the commission of the offence, I am of the view that Dominic should be sentenced to 5 year suspended sentence.

DISPOSITION

10. This Court, bearing in mind the circumstances of the offence, and with a view promotes, in the life of Dominic Njenga Karanja, a sense of responsibility does hereby sentence Dominic Njenga Karanja to 5 (five) years suspended sentence.

11. Accordingly, and in that regard, I order Dominic Njenga Karanja to be released from custody unless otherwise lawfully held.

RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF JUNE 2021

MARY KASANGO

JUDGE

Coram:

Court Assistant: Ndege

Dominic Njenga Karanja :Present Online

For:Dominic Njenga Karanja Mr. Mathenge

For DPP: Kasyoka

COURT

Ruling delivered virtually.

MARY KASANGO

JUDGE