[2024] KEHC 11448 (KLR)
The court held that, despite the accused's remorse and the mitigating circumstances surrounding the offence (her reaction to finding her daughter being defiled), the loss of human life necessitated a custodial sentence. The court found that the interests of justice required not only consideration of the accused's...
Source-derived case information.
- Citation
- [2024] KEHC 11448 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Muthoni Kimani
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 10 years imprisonment, with remand period deducted.
- Judges
- MN Mwangi
- Legal Topics
- Sentencing Guidelines, Manslaughter, Remand Period Deduction, Custodial Sentence, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Muthoni Kimani
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence committed.
- 2 How the period spent in remand should be factored into the sentence.
- 3 What weight should be given to the accused's remorse and the circumstances leading to the offence.
Ratio Decidendi
The court held that, despite the accused's remorse and the mitigating circumstances surrounding the offence (her reaction to finding her daughter being defiled), the loss of human life necessitated a custodial sentence. The court found that the interests of justice required not only consideration of the accused's background and rehabilitation prospects but also retribution and deterrence. The court further applied Section 333(2) of the Criminal Procedure Code, ordering that the period the accused spent in remand (6 years and 9 months) be deducted from the 10-year custodial sentence imposed. The sentence thus reflected both the seriousness of the offence and the time already served,...
Court Disposition
Accused sentenced to 10 years imprisonment, with remand period deducted.
Orders
- The accused is sentenced to 10 years imprisonment.
- The 6 years and 9 months spent in remand shall be commuted from the sentence in accordance with Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kimani (Criminal Case 44 of 2017) [2024] KEHC 11448 (KLR) (20 September 2024) (Sentence)
Neutral citation: [2024] KEHC 11448 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 44 of 2017
MN Mwangi, J
September 20, 2024
Between
Republic
Prosecution
and
Mary Muthoni Kimani
Accused
Sentence
1. I have considered the pre-sentence report filed by the Probation Officer, Ms R. Ng’ong’a about the accused person’s family background. I have also read that the community within which she used to live in, still has misgivings about the accused person going back to her previous place of residence in Changamwe, as the deceased was the accused person’s neighbour.
2. The Judiciary Sentencing Policy Guidelines provide that sentencing is not only meant to provide rehabilitation of an offender but also retribution for the offence committed.
3. The accused person is said to be remorseful for having committed the offence after she found her daughter being defiled. As I stated in my judgement, she could have shouted/screamed for help instead of taking the law into her own hands.
4. I note that the accused person was first arraigned in Court on 1st November, 2017. She has therefore been in prison remand for 6 years and a month as she awaited the hearing and determination of her case.
5. The pre-sentence Report recommends a non-custodial sentence. When it comes to sentencing, I am however not only expected to consider the accused person’s interests, but also to remember that there is a human being that lost his life due to the acts of the accused person. It is therefore necessary that she serves a custodial sentence so that she can reform in her ways and become a better person who can co-exist with others.
6. Noting the circumstances that led her to commit the offence, I sentence the accused person to 10 years imprisonment. The 6 years and 9 months she has been in remand shall be commuted from her sentence in line with the provisions of Section 333(2) of the Criminal Procedure Code.
It is so ordered
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF SEPTEMBER, 2024. SENTENCE DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.NJOKI MWANGIJUDGEIn the presence of:The accused personMr. Tindi for the accused personMs Valarie Ongeti h/b for Ms Nyawinda - Prosecution Counsel for the DPPMs B. Wokabi – Court Assistant.