[2023] KEHC 25687 (KLR)
The court determined that a non-custodial sentence was inappropriate given the gravity of the offence, namely the loss of an innocent life due to domestic quarrels. The court emphasized the need for a deterrent sentence to discourage similar offences. However, the court also considered the accused's plea of guilty,...
Source-derived case information.
- Citation
- [2023] KEHC 25687 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Muriithi Githinji
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E015 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- FN Muchemi
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Policy, Mitigation, Domestic Violence
- 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
Stephen Muriithi Githinji
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating factors should be considered in sentencing the accused for killing his wife.
Ratio Decidendi
The court determined that a non-custodial sentence was inappropriate given the gravity of the offence, namely the loss of an innocent life due to domestic quarrels. The court emphasized the need for a deterrent sentence to discourage similar offences. However, the court also considered the accused's plea of guilty, remorse, apology to the family, and the forgiveness by his adult son as mitigating factors. The court further took into account the total period the accused had already spent in custody, as required by law. Balancing these considerations, the court sentenced the accused to ten years' imprisonment, with the sentence to commence from December 16, 2022, ensuring that the time...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve ten (10) years imprisonment to commence from December 16, 2022.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Githinji (Criminal Case E015 of 2022) [2023] KEHC 25687 (KLR) (20 November 2023) (Sentence)
Neutral citation: [2023] KEHC 25687 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Case E015 of 2022
FN Muchemi, J
November 20, 2023
Between
Republic
Prosecutor
and
Stephen Muriithi Githinji
Accused
Sentence
1. The accused pleaded guilty to a lesser charge of manslaughter following signing of the plea agreement that was filed in court on July 21, 2022. The offence was committed on May 19, 2022 according to the charge.
2. The accused admitted killing the deceased who was his wife by stabbing her with a knife at their home at Unjiru village, Nyeri County as a result of domestic issues. It was on 12/08/2022 that the accused surrendered himself to police at Busia Police Station which was about three months after the date of the offence
3. In mitigation, the defence counsel Ms Nanjala, holding brief for Mr. Ombongi told the court that the accused who was aged 57 years, was remorseful and has already apologised to the family of the deceased. He has since the incident embraced Christianity and has mended his way.
4. The prosecution said the accused is a first offender. I have considered the factors set out in Judiciary Sentencing Policy in regard to sentencing and the mitigation of the accused.
5. The social inquiry report that this court called for following conviction on the accused’s own plea of guilty did not recommend a non-custodial sentence. The only son and child of the accused is an adult son aged 27 years. He says he has since forgiven his father for killing his own mother whom he had developed a strong bond.
6. In my considered view, a non-custodial sentence is not appropriate having regard to the circumstances of the offence. An innocent life was lost in the name of domestic quarrels that would have been sorted out amicably between the couple. A deterrent sentence is appropriate in this case for would-be offenders to discourage senseless killings. However, this court considers that by the act of pleading guilty to the offence, the accused saved the precious tie of the court. This is a factor that this court takes into consideration and mitigates the sentence to be imposed on the accused.
7. The record shows that the accused was released on bond on March 23, 2023 after having been incarcerated for a period of eight (8) months since the date he surrendered to the police on 12/08/22. The accused was out on bond for three months from 23/3/2033 until 12/07/2023 when he pleaded guilty to the charge herein. Up to the date of sentence on November 20, 2023 the accused was incarcerated for another three (3) months. The total period of incarnation is therefore eleven (11) months which period will be taken into consideration in sentencing a provided for by section 333 of the Criminal Procedure code.
8. The accused is therefore sentenced to serve ten (10) years imprisonment to commence from December 16, 2022.
9. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT NYERI THIS 20TH DAY OF NOVEMBER 2023F. MUCHEMIJUDGE