[2018] KEHC 420 (KLR)
The court found that, despite the accused's mitigation and lack of previous criminal record, the law prescribes the death penalty as the mandatory sentence for murder under Section 204 of the Penal Code. The court noted contradictions between the accused's claimed remorse and her denial of involvement in the offence...
Source-derived case information.
- Citation
- [2018] KEHC 420 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Njoki Ng'ang'a
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to death
- Judges
- FM Mutuku
- Legal Topics
- Murder, Sentencing, Mitigation, First Offender, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Njoki Ng'ang'a
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death for the offence of murder under Section 204 of the Penal Code.
- 2 Whether the accused's mitigation and status as a first offender warrant a non-custodial or lesser sentence.
- 3 Whether the accused's remorse and family circumstances should affect the sentence imposed.
Ratio Decidendi
The court found that, despite the accused's mitigation and lack of previous criminal record, the law prescribes the death penalty as the mandatory sentence for murder under Section 204 of the Penal Code. The court noted contradictions between the accused's claimed remorse and her denial of involvement in the offence during the probation interview. The victim impact statement indicated that the deceased's family had not forgiven the accused, contrary to her assertions. After weighing all circumstances, including the gravity and manner of the offence, the court held that justice would be served by imposing the death penalty as required by law.
Court Disposition
accused sentenced to death
Orders
- The accused Mary Njoki Ng'ang'a is sentenced to death as provided by law for the offence of murder.
- The accused is informed of her right of appeal within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 11 OF 2015
REPUBLIC..............................................................PROSECUTOR
VERSUS
MARY NJOKI NG’ANG’A..........................................ACCUSED
RULING ON SENTENCE
On 27th September 2018 the accused Mary Njoik Ng’ang’a was found guilty and convicted for the murder of James Ng’ang’a Ritho contrary to Section 203 as read with Section 204 of the Penal Code. The murder was committed on the night of 14th and 15th January 2015 at Marenga Road Kangemi in Nairobi. After the conviction of the accused person, learned counsel for the prosecution told the court that the accused did not have previous criminal records. Counsel asked the court to treat the accused as a first offender.
In mitigation by Mrs. Kinyori, learned counsel for the accused, this court was told that the accused was greatly remorseful and seeks pardon from the court; that the accused is a mother of two children and grandmother of one child who depend on her for moral support; that the accused used to attend court without fail during the pendency of this trial and that she has discussed this matter with her late husband’s family who have forgiven her. It was mitigated that before the accused was released on bond, she learned knitting, crocheting and detergent making while in custody and attended development courses; that she was also an active member of “Safari ya Mfungwa” which looks at conditions and needs of women in custody; that she holds a diploma in Theology and has also acquired certificates; that she participated in religious activities while in custody and was made the leader of protestant church in remand. Counsel further submitted that the accused lost her mother while this matter was going on and that she takes care of two nephews whose mother has died and children of her hailing brother. Counsel told the court that the accused is pleading for non-custodial sentence.
This court also called for a pre-sentencing report and victim impact statement from the probation office. The same was filed in court on 31st October 2018. It is detailed. I have carefully read it. In it the accused who was interviewed at length still denies taking part in her late husband’s death and states that she lived peacefully with her husband. Her family is supportive of her and speak well of her. However, her late husband’s family has a different view of the matter. They still have not come to terms with the death of the deceased. From the victim impact statement, it seems not true the assertion that the family has forgiven the accused.
I did explain in detail the gruesome manner in which James Ng’ang’a Ritho was killed and his body suffered indignity in the way it was stuffed inside gunny bags. I have considered that the accused does not have previous criminal records. I have considered her mitigation through her defense counsel. I find her mitigation that she is very remorseful contradictory to her statement during the interview by the probation officer where she maintained her denial that she has nothing to do with the death of her later husband. In other words, in her interview as reported by the probation officer she negates her statement in her mitigation that she was remorseful. Having taken into account all the circumstances surrounding this case, the mitigation and the report containing the victim impact statement, it is my considered view that justice in this case will be served by sentencing the accused Mary Njoki Ng’ang’a, which I hereby do, to death this being the optimum penalty allowed by the law in respect of the crime of murder under Section 204 of the Penal Code. She shall suffer death in the manner authorized by the law. She is hereby informed of her right of appeal within 14 days from today’s date. Orders shall issue accordingly.
Delivered, signed and dated this 8th day of November 2018.
S. N. Mutuku
Judge