[2019] KEHC 7849 (KLR)
The court found that the accused, initially charged with murder, acted under provocation exacerbated by a medical condition that impaired her judgment. While she was aware of her actions, her decision-making was compromised. The court considered her status as a first offender, her family responsibilities, and the...
Source-derived case information.
- Citation
- [2019] KEHC 7849 (KLR)
- Parties
- Respondent: Republic; Defendant: Maureen Wanjiru Gakuro
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 93 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted of manslaughter and sentenced to three years imprisonment
- Judges
- AM Cockar
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Provocation, Mental Health in Criminal Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Maureen Wanjiru Gakuro
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be convicted of manslaughter instead of murder given the facts and circumstances.
- 2 What is the appropriate sentence for the accused considering mitigation and unique circumstances.
Ratio Decidendi
The court found that the accused, initially charged with murder, acted under provocation exacerbated by a medical condition that impaired her judgment. While she was aware of her actions, her decision-making was compromised. The court considered her status as a first offender, her family responsibilities, and the period already spent in custody. Applying the Supreme Court guidance in Muruatetu, the court emphasized the importance of considering mitigation and the unique circumstances of the offender. Consequently, the charge was reduced to manslaughter, and a custodial sentence of three years was imposed, with a recommendation for guidance, counselling, and anger management during...
Court Disposition
convicted of manslaughter and sentenced to three years imprisonment
Orders
- The accused is sentenced to three years imprisonment.
- The accused shall receive guidance, counselling, and anger management while in prison.
Full Case Text
Judgment text and source record
22 paragraphs
REPUPLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 93 OF 2014
LESIIT J
REPUBLIC................................................PROSECUTION
VERSUS
MAUREEN WANJIRU GAKURO...................ACCUSED
RULING ON SENTENCE
1. The accused MAUREEN WANJIRU GAKUROwas initially charged with murder contrary to section 203 of the Penal Code. After hearing the case, the court reduced the charge facing the accused to manslaughter contrary to section 202 of the Penal Code given the facts and the circumstances of the case.
2. The prosecution led by Mr. Otieno treated the accused as a first offender.
3. In mitigation, Ms. Gesare Learned Defence Counsel urged the court to consider that the accused is a mother of two children, one of them being taken care of by her diabetic mother. Counsel urged that her brother who lives with her mother was unwell. She urged court to give the accused a lighter sentence.
3A. I appreciate the Francis Kariko Muruatetu and Another versus Republic and Others [2017] eKLR, Petition No. 15 and 16 of 2016 [consolidated]. It is a guiding judgment from the Supreme Court. It guides that the accused mitigation must both be received and considered in order to understand what may have caused the accused to take the action he/she did. The justices of the Supreme Court stated that from accused mitigation one may understand the pathos.
4. I have considered the mitigation by the defence. I have also considered the unique circumstances of this case. There was provocation made worse by the accused medical condition which causes her to become irritable, to act irrationally with a compromised quality of the decision she makes in life.
5. The accused was frustrated but, as I observed, she was aware of what she was doing only that the choices she made were capable of being impaired due to her condition.
6. I considered that accused was released on bail on 18th February, 2015 and remained on bond until 18th January, 2018 when she was arrested for another offence. In total she was in custody pending trial for one year and four months.
7. Having taken all these factors into consideration I sentence the accused to an imprisonment term of three years.
8. She should receive Guidance, Counselling and Anger Management while serving prison organized by the prison authorities.
9. She has a right of appeal against conviction and sentence within 14 days.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF FEBRUARY, 2019.
LESIIT J
JUDGE