[2019] KEHC 7682 (KLR)
The court found that the accused, Mercy Murugi John, was a first offender who had already spent significant time in custody, was young, an orphan, and had a dependent child. The facts indicated that the accused was initially attacked by the victim and that there was evidence of her pleading for calm, suggesting...
Source-derived case information.
- Citation
- [2019] KEHC 7682 (KLR)
- Parties
- Applicant: Republic; Defendant: Mercy Murugi John
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 103 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to probation for six months.
- Judges
- A Mabeya
- Legal Topics
- Sentencing Principles, Mitigation of Sentence, Self Defence, Probation Orders
- 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
Mercy Murugi John
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or a non-custodial sentence in light of the circumstances.
- 2 Whether the accused's mitigation and the circumstances of the offence justify a probation order.
Ratio Decidendi
The court found that the accused, Mercy Murugi John, was a first offender who had already spent significant time in custody, was young, an orphan, and had a dependent child. The facts indicated that the accused was initially attacked by the victim and that there was evidence of her pleading for calm, suggesting provocation and possible self-defence. The court determined that, in these circumstances, rehabilitation rather than incarceration was appropriate. Accordingly, the accused was sentenced to six months' probation under the supervision of the Probation Officer, Imenti South.
Court Disposition
Accused sentenced to probation for six months.
Orders
- The accused is sentenced to probation for six months under the Probation Officer Imenti South.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HIGH COURT CRIMINAL CASE NO 103 OF 2018
REPUBLIC.........................................DPP
VERSUS
MERCY MURUGI JOHN.....ACCUSED
S E N T E N C I N G
1. I have considered the able mitigation for the accused. That she is a first offender. That she has been in custody since November, 2018. That she is a young lady of 26 years and she has a full life ahead of her. That she is an orphan and has an 11 years old child who is dependent on her.
2. I have also considered the victim impact report. That the family of the victim is bitter with what happened and attacked the Probation Officers when making social inquiry.
3. I have considered in particular the circumstances under which the offence occurred. The facts of the case disclose that she was attacked first by the victim. That Alexander Muema Nzyimi and Charles Mwangi, neighbours heard the accused plead with the victim severally to calm down and not to cut her.
4. In view of the foregoing even a case for defence and self defence would have been open, I am satisfied that all that the accused require is rehabilitation.
5. I accordingly sentence the accused to Probation 6 months under the Probation Officer Imenti South.
A. MABEYA
JUDGE
16/05/2019