[2017] KEHC 8211 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was entitled to have his mitigation and period in pre-trial custody considered. The court noted the accused's remorse, rehabilitation efforts, and support from his family, as evidenced by certificates and the probation...
Source-derived case information.
- Citation
- [2017] KEHC 8211 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Wainaina Karuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 95 of 2008
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused convicted of manslaughter and sentenced to three years' probation
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Samuel Wainaina Karuki
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be convicted of manslaughter on his own plea of guilty following a plea agreement.
- 2 What is the appropriate sentence for the accused considering the period spent in pre-trial custody, mitigation, and probation report.
- 3 Whether reconciliation efforts with the victim's family should influence sentencing.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was entitled to have his mitigation and period in pre-trial custody considered. The court noted the accused's remorse, rehabilitation efforts, and support from his family, as evidenced by certificates and the probation report. The court also considered the bitterness of the victim's family but emphasized that vengeance is unlawful. Given the eight years already spent in custody and the positive rehabilitation indicators, the court determined that a custodial sentence was unnecessary. Instead, a probation order of three years was imposed, during which the accused is to make lawful efforts to...
Court Disposition
accused convicted of manslaughter and sentenced to three years' probation
Orders
- The accused is sentenced to serve three years' probation.
- The accused is released from custody to serve the probation term unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.95 OF 2008
REPUBLIC..............................................................PROSECUTOR
VERSUS
SAMUEL WAINAINA KARUKI……………….……….ACCUSED
SENTENCE
1. Samuel Wainaina Karuki (the accused) was charged with the offence of murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 5th October 2008 at Orkinas Farm, Kajiado District in Rift Valley province murdered Anne Naisho Wainaina. He denied the charge when arraigned in court on 28th October 2008 before Apondi J. His trial however did not commence until 23rd November 2011 before Ombija J.
2. From my perusal of the record the delay was occasioned by a constitutional application made by the accused seeking not to be tried because of what he deemed was violation of his constitutional rights. His application was heard and determined by Ochieng J in a ruling dated 29th September 2009. Subsequently the trial began before Ombija J on 23rd Novermber 2011 when he heard one witness. He thereafter ceased to hear the matter. The trial started de novo before me on 12th February 2014. Unfortunately the trial was dogged by challenges of legal representation and failure of witnesses to attend court. I heard 2 witnesses before the defence opted to plea bargain with the State. Subsequently the parties filed a plea agreement on 28th November 2016.
3. Following the plea agreement, the accused was charged with the lesser offence of manslaughter contrary to section 202 of the Penal Code to which he pleaded guilty.
4. The facts of the case as read by the prosecution counsel were that the accused and the deceased lived as husband and wife in Kisaju Kajiado County they were blessed with a biological son. The accused and the deceased both frequently indulged in taking alcohol and constantly fought. On the 5th day of October 2008, the accused was heading home and passed by Njeri bar where the deceased was but was informed that she had headed home. He also headed home and that after briefly playing with the children the accused took the deceased to an empty house in the compound. D1 Rosemary Wanjiru did not see the accused hit the deceased she only heard the deceased scream until she stopped. The accused left the homestead and later returned with neighbours who saw blood all over the floor close to the deceased and also confirmed that the deceased was dead. The post mortem was conducted on the 14th October, 2014 where it was established that the deceased’s cause of death was head and abdominal injury due to blunt force trauma. The accused person was thereafter presented before the Police Surgeon at Nairobi Area for mental assessment who confirmed that at that time he was mentally fit to stand trial. The accused person was initially arraigned before court on the offence of murder which has now been reduced to that of manslaughter. The accused person knowingly, voluntarily, and truthfully admits the facts contained therein.
5. The accused accepted the facts and was convicted on his own guilty plea. In mitigation Mr. Ongaro for the accused submitted the accused had been in custody for nine years and that during the long period he had undergone counseling and acquired training and skills in various crafts. He submitted that the accused was remorseful and regretted the circumstances of the case. Counsel submitted to the court 19 certificates to demonstrate the training that the accused had acquired while in custody. He prayed for a non-custodial sentence. Ms. Ikol for the prosecution submitted that the accused could be treated as 1st offender.
6. I called for and received a pre-sentence probation report. The report state that both the accused and the deceased were accustomed to alcohol abuse and that the accused used to beat the wife regularly. The report also states that the accused is now remorseful and that his family was supportive. On the other hand the victim’s family is said to be bitter and vengeful against the accused.
7. I have considered the mitigation and the probation report. I have also considered the period served in pre-trial custody by the accused as well as the purposes of sentencing. The accused has spent 8 years in pre-trial custody. He has shown remorse for his actions and seems from the testimonials presented to the court to have been sufficiently rehabilitated. I have also considered the victim impact statement and noted that no attempts have been made by the accused and his family to reconcile with the deceased’s family. While it is desirable for family and community harmony that active steps at reconciliation be undertaken by the accused and his family, it would be unlawful for the deceased’s family to attempt to seek vengeance as indicated in the probation report.
8. I sentence the accused to serve 3 years’ probation during which time he shall make every lawful effort to reconcile with the deceased’s family. He is released from custody to serve the probation term unless otherwise lawfully held.
Sentence deliveredand datedat Nairobithis 30thday of January, 2017
R.LAGAT-KORIR
JUDGE
In the presence of:
……………………: Accused
..............................: Court clerk
...............................: For the Accused
...............................: For State