[2024] KEHC 7586 (KLR)
The court found that both accused persons pleaded guilty to manslaughter under a plea bargain, having been hired to kill the deceased for monetary gain. The offence was premeditated and motivated by payment, demonstrating a callous disregard for human life. The 1st Accused showed remorse and accepted responsibility,...
Source-derived case information.
- Citation
- [2024] KEHC 7586 (KLR)
- Parties
- Applicant: Republic; Defendant: Eddy Kariuki Ngari; Defendant: Raphael Wachira Kariuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2021
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Both accused convicted of manslaughter on plea bargain; sentenced to imprisonment.
- Judges
- DKN Magare
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Premeditated Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eddy Kariuki Ngari
Defendant
Raphael Wachira Kariuki
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused persons should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence given the premeditated and paid nature of the offence.
- 3 Whether remorse and acceptance of responsibility should affect the length of sentence.
Ratio Decidendi
The court found that both accused persons pleaded guilty to manslaughter under a plea bargain, having been hired to kill the deceased for monetary gain. The offence was premeditated and motivated by payment, demonstrating a callous disregard for human life. The 1st Accused showed remorse and accepted responsibility, warranting a lesser sentence of 25 years imprisonment. The 2nd Accused, despite the plea bargain, showed no remorse or acceptance of responsibility, justifying a harsher sentence of 30 years imprisonment. The sentences were made effective from the respective dates of arrest, reflecting both the seriousness of the offence and the individual circumstances of each accused.
Court Disposition
Both accused convicted of manslaughter on plea bargain; sentenced to imprisonment.
Orders
- The 1st Accused is sentenced to 25 years imprisonment effective 20/2/2021, the date of arrest.
- The 2nd Accused is sentenced to 30 years imprisonment effective 22/2/2021, the date of arrest.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Ngari & another (Criminal Case E002 of 2021) [2024] KEHC 7586 (KLR) (20 June 2024) (Sentence)
Neutral citation: [2024] KEHC 7586 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Case E002 of 2021
DKN Magare, J
June 20, 2024
Between
Republic
Prosecution
and
Eddy Kariuki Ngari
1st Accused
Raphael Wachira Kariuki
2nd Accused
Sentence
1. The accused pleaded guilty to the offence of manslaughter in a plea bargain. The accused admitted to one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. They were hired to kill the deceased. The offence was premeditated and motivated by pay. They shared the loot of Kshs. 100,000/=. They cheapened human life to that amount.
3. The 1st Accused was 25 years old at the time of writing the Probation Report. The second accused was aged 36 years. He still failed to accept. He was also single. The killing was macabre. The plea bargain helped remove the death sentence from the table.
4. The 1st Accused is more remorseful. He shall serve 25 years imprisonment effective – the date of arrest.
5. The 2nd Accused though entered into a plea bargain, is not remorseful. He has callous disregard for life. There are no family members who will miss him, being single at 36 years. I sentence him to 30 years imprisonment effective – the date under arrest.Order
6. The court hereby makes the following order regarding to sentencing:-a.The 1st Accused is sentenced to 25 years imprisonment effective 20/2/2021, the date of arrest.b.The 2nd Accused is sentenced to 30 years imprisonment effective 22/2/2021, the date of arrest.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 20TH DAY OF JUNE, 2024. SENTENCE READ AT 11. 07 A.M. WITH PARTIES LOGGED IN VIRTUALLY, ON MICROSOFT TEAMS PLATFORM.KIZITO MAGAREJUDGEIn the presence of:Mr. Gichuki for the 1st AccusedMr. Ndichu for the 2nd AccusedAccused 1 and Accused 2 – presentMs. Kaniu for the StateCourt Assistant - Jedidah