[2017] KEHC 1267 (KLR)
The court found that although the accused was initially charged with murder, the evidence only supported a conviction for manslaughter. In determining the sentence, the court considered the seriousness of the offence, the manner in which it was committed, and the lack of genuine remorse from the accused. Aggravating...
Source-derived case information.
- Citation
- [2017] KEHC 1267 (KLR)
- Parties
- Applicant: Republic; Defendant: Priscillah Wanjiru Salome
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- DB Nyakundi
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Priscillah Wanjiru Salome
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to the maximum penalty for manslaughter under section 205 of the Penal Code.
- 2 What weight should be given to mitigating and aggravating factors in determining the appropriate sentence.
- 3 Whether the period spent in remand custody should be credited to the accused.
Ratio Decidendi
The court found that although the accused was initially charged with murder, the evidence only supported a conviction for manslaughter. In determining the sentence, the court considered the seriousness of the offence, the manner in which it was committed, and the lack of genuine remorse from the accused. Aggravating factors included the use of lethal force with a knife and the absence of justification for the killing. Mitigating factors included the accused's status as a first offender, her role as a single mother, and the period already spent in remand custody. The court exercised its discretion under section 205 of the Penal Code, declining to impose the maximum sentence of life...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to four years' imprisonment for manslaughter.
- The period spent in remand custody shall be credited to the sentence.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KAJIANDO
CRIMINAL CASE NO.13 OF 2015
REPUBLIC…......................................................................PROSECUTION
VERSUS
PRISCILLAH WANJIRU SALOME….......................................ACCUSED
SENTENCING REMARKS AND DECISION:
The accused person Priscillah Wanjiru was initially charged with the offence of murder contrary to section 203 of the Penal Code. However after a lengthy trial she was found guilty and convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
The accused as stated in the pre-sentence report is a single mother of three children. The offence occurred when they spent a social day together on 21/6/2015 with the deceased in Kajiado North Sub-County. As it emerged from the evidence they had a drinking spree earlier on in various bars within the local market before returning to the accused house. It is in this same house that the deceased met his death which involved multiple injuries inflicted by use of a knife.
Mitigation:
The accused relied on the factors that she is a first offender and the evidence of good character adduced by the probation officer in the pre-sentence report filed in court on 3/10/2017. Mr. Nyaata learned counsel highlighted to this court that the accused is a single mother whose prison sentence will affect the upbringing of her children.
I have also read the victim impact statement of Polly Wanja Nyaga, the widow to the deceased as recorded by the probation officer. She has set out the impact of the death has had on the family. As observed by the widow the deceased remained the family provider and protector in all level of provisions. The family has not come to terms with the death more specifically, the children. Learned counsel for the state Mr. Akula invited the court to weigh the gravity of the offence in passing sentence.
Aggravating factors:
This offence was committed in a cold blooded manner without justification in defence of property, self or defence of insanity. It cannot qualify as an offence caused in random acts of violence.
I am satisfied that the accused was sufficiently in control of her mental faculties when this offence was committed. I see no genuine remorse from the accused. It is not in dispute that lethal force was used against the deceased. The nature of the weapon being the knife was calculated to provide one outcome to kill or cause serious grievious harm. Though the evidence does not establish malice aforethought beyond reasonable doubt the circumstances contemplate a violent crime where life was lost prematurely.
The legislature through the provisions of section 205 of the Penal Code has made the killing of a human being to attract a maximum sentence of life imprisonment. The court’s discretion was left intact to take an objective view of the facts surrounding the killing of each particular case.
While passing sentencing I take into account that your trial has taken considerable bit of time since the indictment for murder on 6/7/2015. However it was finally concluded on 26/9/2017. That covers a period of slightly over 2 years. I give weight to this fact as required of me under section 332 of the CPC. I also note that you have no significant history of prior criminal record that is a plus for you in this case.
Having weighed the aggravating factors, the mitigation and the victim impact statement, I am of the following conceded view:
That this offence is serious and the manner it was committed against the deceased. There is no genuine remorse from your side to the victim family. For this murder you still live in self-denial. I give credit to the period spent in remand custody awaiting trial.
When all is said and done and given the fact that you are single mother with children who look up to you for parental guidance and upbringing I will temper justice with mercy in your favour. This court will not pass a maximum sentence of life imprisonment but to a custodial sentence of 4 years imprisonment.
14 days right of appeal explained.
Dated, delivered, Signed in open court at Kajiado on 10. 10. 2017.
.............................
R. NYAKUNDI
JUDGE
In the present of:
Accused
Mr. Nyaata for the accused
Mr. Akula for the Director of Public Prosecutions
Mr. Mateli Court Assistant