[2024] KEHC 16013 (KLR)
The court found that all three accused persons played an active role in the brutal killing of the deceased, and the facts admitted by them established their culpability for manslaughter. Despite their status as first offenders and their pleas for leniency, the court considered the aggravating circumstances,...
Source-derived case information.
- Citation
- [2024] KEHC 16013 (KLR)
- Parties
- Applicant: Republic; Defendant: Metrine Nanjakho Miruni; Defendant: Dorice Nakami Waswa; Defendant: Movat Situma Wamusayi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E019 of 2024
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, First Offender, Mitigation, Remand Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Metrine Nanjakho Miruni
Defendant
Dorice Nakami Waswa
Defendant
Movat Situma Wamusayi
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused persons should be sentenced to life imprisonment or a lesser term for manslaughter.
- 2 Whether the plea of guilt and status as first offenders should mitigate the sentence imposed.
- 3 Whether the period spent in remand should be considered in sentencing.
Ratio Decidendi
The court found that all three accused persons played an active role in the brutal killing of the deceased, and the facts admitted by them established their culpability for manslaughter. Despite their status as first offenders and their pleas for leniency, the court considered the aggravating circumstances, including the orchestrated and violent nature of the offence, the pain suffered by the deceased, and the unfavorable pre-sentence reports. The court held that none of the accused could be said to have played a minor role. The law provides for a life sentence for manslaughter, but the court exercised its discretion, taking into account the mitigating factors and the period spent in...
Court Disposition
convicted and sentenced
Orders
- Each of the 1st, 2nd, and 3rd accused persons is sentenced to thirty-five (35) years imprisonment.
- The period spent in remand shall be taken into account in computing the sentence.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v Miruni & 3 others (Criminal Case E019 of 2024) [2024] KEHC 16013 (KLR) (8 November 2024) (Sentence)
Neutral citation: [2024] KEHC 16013 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case E019 of 2024
REA Ougo, J
November 8, 2024
Between
Republic
Prosecution
and
Metrine Nanjakho Miruni
1st Accused
Dorice Nakami Waswa
2nd Accused
Movat Situma Wamusayi
3rd Accused
Chrispinus Wambaya
4th Accused
Sentence
1. Metrine Nanjakho Miruni the 1st accused, Dorice Nakami Waswa the 2nd accused, and Movat Situma Wamusayi the 3rd accused persons pleaded guilty of the offence of Manslaughter, Contrary to Section 202 as read with Section 205 of the Penal Code. This was after a plea bargain.
2. The particulars of the charge are that the 1st, 2nd & 3rd accused persons on the 15/3/2024 at Chepsienya village Chepkube Sub- location, Chepkube location in Cheptais Sub-County within Bungoma County jointly with another before court caused the unlawful death of Moses Miruni Kundu.
3. After the facts were read to the 1st, 2nd & 3rd accused persons they admitted the facts as true and each acknowledged that the facts as read is what happened. Thereafter, this court convicted 1st, 2nd & 3rd accused persons on their own plea of guilt. This court thereafter sought a pre-sentence report on each accused person.
4. Metrine Nanjakho Miruni is 36 years old and was the 3rd wife of the deceased. She is the daughter of the 2nd accused. Her report isn’t favorable. The victim’s family is all bitter and recommends a stiff sentence. She pleads for leniency. The report states that she orchestrated the death of her husband and even paid the killers.
5. Dorice Nakami Waswa is the 2nd accused. She is 51 years. She pleads leniency and denies that she had anything to do with the deceased’s death. Her report too is unfavorable.
6. Movat Situma Wamusayi is 28 years old. He is a first offender. The report indicates he played a role in ending the victim’s life.
7. I have also considered the mitigation raised by counsel for the accused persons. The accused persons are 1st offenders and they are remorseful and that they have been in custody since the arrest. The 2nd accused was cooperative and took herself to the police. They have families. According to counsel the 2nd accused played a very minor role.
8. I have considered all the above including the facts as read and which were admitted by each accused person. The law provides for a life sentence for the offense of manslaughter. The circumstances of the case revealed a very brutal act. The deceased suffered a painful death, he was literally slaughtered. All the accused persons herein played a role in the deceased’s death. It cannot be said that one of them played a minor role.
9. I have considered their plea that they are 1st offenders, including the views of the victim’s family and the guidelines on sentencing. I therefore sentence the 1st, 2nd and 3rd accused to imprisonment.
10. Each accused person will serve thirty-five (35) years imprisonment. The period they have been in remand will be taken into account whilst computing their sentence.
DATED, SIGNED AND DELIVERED AT BUNGOMA ON THIS 8TH DAY OF NOVEMBER 2024. R. E. OUGO,JUDGE.In the presence of :1st Accused/ Metrine Nanjakho Miruni - Present2nd Accused/ Dorice Nakami Waswa - Present3rd Accused/ Movat Situma Wamusayi – PresentMiss Komora h/b Mr. Okaka for the accused personsMiss Kibet For the ODPP/ ProsecutionWilkister - Court Assistant