[2022] KEHC 1525 (KLR)
The court found that the accused's intoxication and the context of a family quarrel, where the deceased was the initial aggressor, justified reducing the charge from murder to manslaughter. The accused's plea of guilty was voluntary and supported by the facts. While the Probation Officer recommended a non-custodial...
Source-derived case information.
- Citation
- [2022] KEHC 1525 (KLR)
- Parties
- Applicant: Republic; Defendant: Reuben Kaithia Gichunge
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2020
- Procedural Posture
- Criminal Case / Judgment After Plea Bargain and Conviction on Plea of Guilty
- Outcome
- convicted and sentenced to eight years imprisonment for manslaughter
- Judges
- EM Muriithi
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Intoxication, Family Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Reuben Kaithia Gichunge
Defendant
Procedural Posture
Criminal Case / Judgment After Plea Bargain and Conviction on Plea of Guilty
Legal Issues
- 1 Whether the accused was properly convicted of manslaughter following a plea bargain agreement reducing the charge from murder.
- 2 What is the appropriate sentence for the accused considering the circumstances of the offence, including intoxication and family context.
Ratio Decidendi
The court found that the accused's intoxication and the context of a family quarrel, where the deceased was the initial aggressor, justified reducing the charge from murder to manslaughter. The accused's plea of guilty was voluntary and supported by the facts. While the Probation Officer recommended a non-custodial sentence, the court emphasized the need for deterrence in cases of drink-driven killings, even within families. The court held that a custodial sentence of eight years' imprisonment was appropriate to serve both deterrent and reformative purposes, considering the accused's youth and potential for rehabilitation. The sentence was ordered to run from the date of remand, ensuring...
Court Disposition
convicted and sentenced to eight years imprisonment for manslaughter
Orders
- The accused is sentenced to eight (8) years imprisonment for manslaughter contrary to Section 202 as read with 205 of the Penal Code.
- The sentence shall commence from 13/10/2020, the date the accused was remanded to await trial.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HIGH COURT CRIMINAL CASE. NO E011 OF 2020
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
REUBEN KAITHIA GICHUNGE................................................................ACCUSED
JUDGMENT
1. The accused has been convicted upon is own plea of guilty for the offence of manslaughter Contrary to Section 202 as read with 205 of the Penal Code, following a plea bargain agreement reducing the initial charge of murder to manslaughter.
2. The facts accepted by the Accused upon his plea of guilty are set out at Paragraph 9-14 of the plea bargain agreement as follows:-
“ 9. On the 28th day of September 2020 the deceased Robert Mbiti Ngela aged 51 years agreed with the accused person who was his son in law to go to his miraa farm and assist him cultivate the same so as to repay the debt which the accused owed the deceased. While at the farm Mary Kathure stated that after the accused got the deceased farm instead of helping he started drinking mukacha. At around 1400hrs the deceased’s wife joined him and they both became violent whereby they started abusing the deceased. The accused was telling the deceased that he would kill him and the accused’s wife one Kendi also went ahead and told the deceased that he was not her biological father and that he deserved to die.
10. The deceased returned home at 1300hrs and he was armed with a panga and he slapped Seberina Mukubu Mbiti’s (deceased’s wife) shoulder twice and stated that he wanted to kill her. Seberina Mukubu Mbiti then ran away to a nearby bush leaving her children behind.
11. At around 2000hrs while Josephat Muthuri was at his home with his father the deceased the accused was seen running towards Josephat Muturi’s home. The accused straight to the deceased person who was sited outside his kiosk and without saying a word the accused who was armed with a panga slashed the deceased’s forehead once and thereafter ran away leaving the deceased person bleeding profusely.
12. Mary Kathure heard screams from her father’s residence and rushed to know what was happening. On reaching there she found her father had been cut on the scalp and Josephat Muthuri who was with the deceased informed her that the accused was the one who attacked the deceased. They folded his head with a leso together with other people and escorted him to Mulika Police Station where they reported. He was then taken to Chaaria Mission Hospital where he was pronounced dead upon arrival.
13. The accused was arrested at his mother’s place by area manager of Kagwaru village one Paul Mworia Muriithi and brought to the police station on the 29th day of September 2020 at around 1005hrs.
14. Post mortem was conduct at Meru Level 5 Hospital whereby the cause of death was found to be severe head injury due to cut wound.”
3. The Court notes the circumstances of the case that the deceased and the accused are father and son-in law and that the offence was committed in the context of a family quarrel while the accused, the deceased’s wife and daughter were drunk. It would also appear that the deceased was the aggressor when he slapped his wife on the shoulder and stated that he wanted to kill her.
4. I agree that the accused’s drunken state may have affected his capacity to form the necessary intention to kill the deceased and the charge was properly reduced to manslaughter. The accused’s drunkenness should also be taken into account in considering the sentence to be meted out.
5. In mitigation, counsel for the accused prayed for a non-custodial sentence as he is sole provider for his very young children and at his youthful age of 27 years deserves another shot at life.
6. The Pre-sentence - Probation Officers’ Report dated 25/1/2022 commended that the accused is suitable for non-custodial sentence and proposed Probation sentence for period of 3 years.
7. The court is, however, all too aware of the prevalence of drink-driven killings even in family settings, and while the victims impacted by such killings are members of the same family or extended family of the accused, a court of justice must aim to deter such occurrences as much as reform the particular offender. A custodial sentence is appropriate for purposes of deterrence.
8. The court considers that a sentence of eight (8) years imprisonment meets the justice of the case with regard to deterrence and reform of the offender. The youthful offender at 27 years shall be reformed and released from custody with still ample time for rehabilitation into the society as useful and responsible member.
ORDERS
9. Accordingly, from the reasons set out above, having convicted the accused for the offence of manslaughter c/s 202 as read with 205 of the Penal Code, the Court sentences the accused to imprisonment for eight (8) years.
10. The sentence of 8 years shall commence on 13/10/2020 when the accused was remanded to await his trial herein.
Orders accordingly.
DATED AND DELIVERED THIS 14TH DAY OF MARCH 2022.
EDWARD MURIITHI
JUDGE
Appearances.
Mr. Chelule, Prosecution Counsel for DPP.
Mr. H. Kirimi, Advocate for the Accused.