[2017] KEHC 7085 (KLR)
The court found the 3rd accused guilty of murder under Section 203 of the Penal Code but determined she was insane at the time of the offence as per Section 166(2) of the Criminal Procedure Code. The court considered her time in custody, lack of previous record, remorse, and rehabilitation efforts. In accordance...
Source-derived case information.
- Citation
- [2017] KEHC 7085 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Gathongo Kamangara; Defendant: Ruth Wambui Muhia; Defendant: Lucy Wangari Muhia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 88 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The 3rd accused is to be held at the pleasure of the President at Lang’ata Women’s Prison, with psychiatric medical follow-up, pending further orders.
- Legal Topics
- Murder, Insanity Defence, Sentencing, Presidential Pleasure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Gathongo Kamangara
Defendant
Ruth Wambui Muhia
Defendant
Lucy Wangari Muhia
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the 3rd accused is guilty of murder under Section 203 of the Penal Code.
- 2 Whether the 3rd accused is insane under Section 166(2) of the Criminal Procedure Code.
- 3 What is the appropriate sentence for the 3rd accused given her mental state and time in custody.
Ratio Decidendi
The court found the 3rd accused guilty of murder under Section 203 of the Penal Code but determined she was insane at the time of the offence as per Section 166(2) of the Criminal Procedure Code. The court considered her time in custody, lack of previous record, remorse, and rehabilitation efforts. In accordance with the law, the court ordered that her file be brought to the attention of the President and that she be held at the President's pleasure at Lang’ata Women’s Prison, with psychiatric medical follow-up, as required by statute for persons found guilty but insane.
Court Disposition
The 3rd accused is to be held at the pleasure of the President at Lang’ata Women’s Prison, with psychiatric medical follow-up, pending further orders.
Orders
- The accused’s file to be brought to the attention of the President as set out under Section 166(2) of the Criminal Procedure Code.
- The accused to be held at the pleasure of the President at Lang’ata Women’s Prison.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
NAIROBI
CRIMINAL CASE NO. 88 OF 2010
LESIIT, J.
REPUBLIC…………..………………………......……………. PROSECUTOR
VERSUS
PETER GATHONGO KAMANGARA………….....…….…….. 1ST ACCUSED
RUTH WAMBUI MUHIA…………………………..………….2ND ACCUSED
LUCY WANGARI MUHIA…………………………...………. 3RD ACCUSED
SENTENCE
1. The 3rd accused was charged with two others with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. After the trial I entered a finding of guilty of murder contrary Section 203 of the Penal Code, but insane under Section 166(2) of the Criminal Procedure Code.
3. I have considered that the 3rd accused was first arraigned in court on the 4th of January 2011. Thereafter the case was consolidated with the case of her co-accused and plea taken on 27th June, 2011.
4. I have considered the period the 3rd accused has been in custody during the pendency of this case, a period of five years and six months.
5. I have considered that the learned prosecution counsel urged the court to treat the accused as a first time offender as the state had no previous record of her if any. I am therefore treating her as a first time offender.
6. I have considered the mitigation given on behalf of the 3rd accused by Mr. Wamwayi, the learned defense counsel. I have considered that the accused is 49 years old.
7. I have considered that since her incarceration the accused has received counselling and has also participated in Christian Women Groups at the Lang’ata Women’s Prison and has a certificate to that effect.
8. I have considered accused mitigation that she is remorseful for her actions.
9. I have considered the circumstances of the case, that the deceased was brutally murdered.
10. Having considered all the factors and the law, I order that the accused’s file be brought to the attention of the President as set out under Section 166 (2)of the Criminal Procedure Code. In the meantime the accused will be held at the pleasure of the President at Lang’ata Women’s Prison.
11. The accused has a right to appeal both against the conviction and the sentence within 14 days from the date of this sentence.
DATED AT NAIROBI THIS 14TH DAY OF MARCH, 2017.
LESIIT, J.
JUDGE.
Order
The accused should be given psychiatristic medical follow –up while in custody.
DATED AT NAIROBI THIS 14TH DAY OF MARCH, 2017.
LESIIT, J.
JUDGE.