[2021] KEHC 5594 (KLR)
The court found that the accused, Evans Karari Mwangi, had a history of violence towards the deceased, culminating in her murder. The defence that both were attacked by thugs was rejected based on the evidence. The court considered the pre-sentencing report and mitigation, but determined that the gravity of the...
Source-derived case information.
- Citation
- [2021] KEHC 5594 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Karari Mwangi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2016
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to 25 years imprisonment for murder
- Judges
- MM Kasango
- Legal Topics
- Murder, Sentencing Principles, Domestic Violence, Mitigation, Pre Sentencing Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Evans Karari Mwangi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a term of imprisonment for the murder of the deceased.
- 2 What period of imprisonment is appropriate given the circumstances of the offence and the mitigation presented.
Ratio Decidendi
The court found that the accused, Evans Karari Mwangi, had a history of violence towards the deceased, culminating in her murder. The defence that both were attacked by thugs was rejected based on the evidence. The court considered the pre-sentencing report and mitigation, but determined that the gravity of the offence, the escalation of violence, and the need for deterrence and public protection warranted a custodial sentence. The court sentenced the accused to 25 years imprisonment, with the sentence to run from the date he was first placed in custody, reflecting both the seriousness of the crime and the period already spent in remand.
Court Disposition
accused sentenced to 25 years imprisonment for murder
Orders
- The accused, Evans Karari Mwangi, is sentenced to 25 years imprisonment for the murder of Caroline Wanjiru Maina.
- The sentence shall be calculated from 12th December, 2016, when the accused was placed in custody.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 23 OF 2016
BETWEEN
REPUBLIC.........................................................APPLICANT
VERSUS
EVANS KARARI MWANGI...............................ACCUSED
RULING ON SENTENCE
1. EVANS KARARI MWANGI (Evans) was on 22nd April, 2021 convicted of the murder of CAROLINE WANJIRU MAINA.
FACTS
2. The deceased was Evan’s common law wife. They had lived together for 7 years. Although the pre-sentencing report indicates they had children in that marriage, the prosecution’s evidence, which was not challenged by Evans was that they did not have children.
3. That marriage was turbulent. The trial court found Evans often savagely attacked the deceased. On the night in question the deceased and Evans were on their way home after closing their bar. It was 2. 00 a.m. Evans was the last person to be seen with the deceased alive. After analysis of the evidence adduced before court, the court concluded that Evans murdered the deceased.
4. The deceased was found dead on the road the next morning. The cause of death was stated by the pathologist to have been due to chest injuries due to penetrating sharp force trauma (stab).
5. The defence offered by Evans, that he and the deceased were attacked by thugs and he ran away, was rejected by this court.
ANALYSIS AND DECISION
6. Evans, in the time he lived with the deceased he was very violent towards her. Deceased’s mother testified how she was often woken up by her daughter, the deceased, requesting her to pick her from their matrimonial home after Evans had assaulted her. The killing of the deceased was an escalation of the violence meted out on the deceased by Evans. I have considered the caseREPUBLIC VS. GABRIEL MARI GAKUI (2021) eKLRwhere it was stated as follows:
“8. It is useful to consider what sentencing of an offender by the court means. This was discussed in the caseR V Pearson 2002 NBQB 218 (canLII)as follows:
‘...sentencing is the public pronouncement of punishment administered by the authority of the court as trustee of the public’s confidence. It ought to be imposed in a way that applies the rule of law, tempered with justice, administered with the knowledge, good conscience, instincts and experience of the judge and guided where appropriate by persuasive or binding precedent. In my view, the essential purpose of sentencing is to maintain respect for the law by which society chooses to regulate itself, thereby ensuring the peaceful enjoyment, order and safety of its citizens. The community expects the court to enforce its standards, to denounce unlawful conduct and to deal firmly but fairly with those persons convicted of crime. In determining a fit and proper sentencing, well-recognized principles have come to be applied in this jurisdiction. The primary consideration is always protection of the public. In addressing that primary concern, the sentencing judge is obliged to ask whether such protection may best be achieved by specific deterrence of the offender, general deterrence of those similarly disposed, rehabilitation of the offender, or some combination thereof.’”
7. Accordingly, bearing in mind the pre-sentencing report and the mitigation made, I hereby sentence EVANS KARARI MWANGI to serve 25 years imprisonment for the murder of CAROLINE WANJIRU MAINA.That sentence shall be calculated from 12th December, 2016 when Evans Karari Mwangi was placed in custody awaiting the conclusion of his trial.
RULING DATED AND DELIVERED AT KIAMBU THIS 29TH DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: Present
For Accused: Mr. Njehu
For DPP: Mr. Kasyoka
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE