[2025] KEHC 4253 (KLR)
The court found that although the accused was young, a first offender, and had suffered trauma from a forced marriage, her lack of candor and remorse in the presentence report weighed against a wholly non-custodial sentence. The court considered the partial fulfillment of traditional compensation (Lapai) and the...
Source-derived case information.
- Citation
- [2025] KEHC 4253 (KLR)
- Parties
- Applicant: Republic; Defendant: Christine Nakir
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E010 of 2023
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to three years imprisonment commencing from 29/11/2023, followed by twelve months probation supervision.
- Judges
- RPV Wendoh
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Mitigation, Probation, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Christine Nakir
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the accused's lack of candor and remorse should affect the sentence imposed.
- 3 What weight should be given to the accused's mitigation, age, circumstances of marriage, and the partial traditional compensation (Lapai).
Ratio Decidendi
The court found that although the accused was young, a first offender, and had suffered trauma from a forced marriage, her lack of candor and remorse in the presentence report weighed against a wholly non-custodial sentence. The court considered the partial fulfillment of traditional compensation (Lapai) and the probation officer's recommendation for a non-custodial sentence, but determined that the seriousness of the offense and the need for deterrence and retribution required a custodial sentence. The accused was therefore sentenced to three years imprisonment, commencing from the date of arraignment, followed by twelve months of probation supervision.
Court Disposition
Accused sentenced to three years imprisonment commencing from 29/11/2023, followed by twelve months probation supervision.
Orders
- The accused is sentenced to three (3) years imprisonment commencing on 29/11/2023.
- After completion of the prison sentence, the accused shall be supervised on probation for a period of twelve (12) months.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Nakir (Criminal Case E010 of 2023) [2025] KEHC 4253 (KLR) (4 April 2025) (Sentence)
Neutral citation: [2025] KEHC 4253 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Case E010 of 2023
RPV Wendoh, J
April 4, 2025
Between
Republic
Prosecutor
and
Christine Nakir
Accused
Sentence
1. The Accused pleaded guilty to the charge of manslaughter contrary to section 202 as read with section 205 of the penal Code after a plea bargain. She therefore did not waste the courts time.The prosecution treated Accused as a first offender.
2. The court has considered her mitigation together with the presentence report prepared by the probation officer. The accused is a young lady of twenty-one (21) years who murdered her husband to whom the court was informed, she had been forcefully married to at the age of seventeen (17) years and that the said marriage has caused her trauma due to the cruelty of the deceased. The accused has a two (2) year old child.
3. I have however, noted from the presentence report that the accused has not been very candid with the Probation Officer. Her account of how the deceased met his death in the presentence report differs from the facts read to her by the prosecutor. In the facts, she did not just push the deceased but assaulted him with a knife and stone and these facts are supported by the post mortem report. In the presentence report, she claims to have pushed the deceased. Failure to tell the probation officer the true facts means that she is not remorseful for what she did. The pre-sentence report favour’s accused’s release on non-custodial sentence and that “Lapai” the Pokot’s traditional way of compensation for murder has been done, partially.
4. Taking into account the Judicial guidelines on sentencing, that, it is meant to punish, deter, rehabilitate and retribute, and in in view of all that the court has considered above, the court will sentence the accused person to three (3) years imprisonment. The three (3) years imprisonment will commence on 29/11/2023 when she was arraigned in court. After prison sentence, she will be supervised on probation for a period of twelve (12) months.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 4TH DAY OF APRIL, 2025R. WENDOH.JUDGE.Judgment delivered in Open Court in the presence of; -Mr. Suter for the StateAccused – presentMr. Kachapin for accused.Juma/Hellen - Court Assistants