[2018] KEHC 7485 (KLR)
The court found that the persistent abuse by the accused, culminating in the murder of his wife, warranted a custodial sentence. The psychological harm inflicted on the couple's child, MW, and the negative community sentiment against the accused were significant aggravating factors. Although the accused was a...
Source-derived case information.
- Citation
- [2018] KEHC 7485 (KLR)
- Parties
- Applicant: Republic; Defendant: John Mathenge
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 20 years imprisonment; custody and rehabilitation orders for child MW
- Judges
- MM Kasango
- Legal Topics
- Murder, Sentencing Principles, Domestic Violence, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Mathenge
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence of murder.
- 2 What factors should be considered in sentencing, including the impact on the child witness and the community.
Ratio Decidendi
The court found that the persistent abuse by the accused, culminating in the murder of his wife, warranted a custodial sentence. The psychological harm inflicted on the couple's child, MW, and the negative community sentiment against the accused were significant aggravating factors. Although the accused was a first-time offender and expressed remorse, these mitigating factors were outweighed by the seriousness of the offence and the need to protect the community. The court determined that a custodial sentence of 20 years was necessary both as punishment and to facilitate the accused's rehabilitation through anger management programs. The welfare of the child, MW, was also addressed...
Court Disposition
accused sentenced to 20 years imprisonment; custody and rehabilitation orders for child MW
Orders
- John Mathenge is sentenced to 20 years imprisonment.
- The prison authority, with probation officers, shall provide anger management program for John Mathenge.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL CASE NO. 10 OF 2016
REPUBLIC..............................................................PROSECUTOR
VERSUS
JOHN MATHENGE.......................................................ACCUSED
SENTENCE
1. John Mathenge was convicted by this court on 31st January 2018 of the offence of murder. He was convicted of murdering his wife Mary Wanjiku Kanyi (deceased).
2. The evidence that was tendered, and which is supported by the probation report and Laikipia Children Services report, is that Mathenge persistently abused his deceased wife and it is that abuse which culminated with her death. The deceased died a very painful death 48 days after being attacked by Mathenge.
3. The couple’s son MW who was 3 years was subjected to the violent abuse of his mother; the deceased. I clearly recall MW narrating to the court how Mathenge threw a stove that was on fire to his deceased mother. MW said that as a result of that his mother went to heaven. It may never be known the extent of mental and psychological effect the violence meted to his deceased mother had on MW.
4. This court has a glimpse of how MW has been affected by Mathenge’s behaviour to his deceased mother from the Laikipia Children’s Services report dated 23rd March 2018. In that report MW is said to have mood swings which lead him to cry for no reason and without provocation. This has adversely affected MW education progress.
5. In my view the sentencing of Mathenge must bear in mind that psychological effect on MW.
6. The probation report is not favourable to Mathenge receiving non custodial sentence. The family of the deceased still have grudge and bitterness towards what Mathenge did to their kin. The community where Mathenge resided last are of the view that Mathenge, in view of his violent disposition is not fit to live amongst them.
7. I have taken into account that Mathenge is a first time offender. That he is remorseful and has vowed not to abuse alcohol: Which contributed to his violent behaviour. I have also considered that Mathenge is 31 years old.
8. Having considered the above I am of the view that it is necessary for Mathenge to serve a custodial sentence for him to learn how to live with other people in a non violent manner.
9. Bearing the above I do hereby sentence John Mathenge to serve 20 (twenty) years jail term. During that period I request the prison authority, with the assistance of probation officers, to take John Mathenge through anger management program.
10. In respect of the child MW I order as follows:-
a) J W and D M are hereby given custody of the child MW until further orders of the court.
b) MW shall be taken to Simama Foundation Project, Laikipia for counselling and rehabilitation.
DATED AND DELIVERED AT NANYUKI THIS 11TH DAY OF APRIL 2018.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue/Mariastella
Accused: John Mathenge .......................
For Accused ...........................................
For the State: …......................................
COURT
Sentence delivered in open court.
MARY KASANGO
JUDGE