[2024] KEHC 4558 (KLR)
The court found that, despite the accused's remorse, positive pre-sentence report, and family circumstances, the offence of murder is grave and warrants a custodial sentence. The accused, while disciplining his son, used excessive force resulting in a fatal cervical spine fracture. The court considered the period...
Source-derived case information.
- Citation
- [2024] KEHC 4558 (KLR)
- Parties
- Applicant: Republic; Defendant: Edward Wangila
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 10 years: 7 years imprisonment followed by 3 years probation.
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing Guidelines, Mitigation, Remorse, Family Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Edward Wangila
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence of murder.
- 2 What weight should be given to the accused's remorse, family circumstances, and pre-sentence report in determining the sentence.
- 3 Whether the period spent in remand should be considered in sentencing.
Ratio Decidendi
The court found that, despite the accused's remorse, positive pre-sentence report, and family circumstances, the offence of murder is grave and warrants a custodial sentence. The accused, while disciplining his son, used excessive force resulting in a fatal cervical spine fracture. The court considered the period already spent in remand, the accused's status as a first offender, and the recommendations of the pre-sentence report. However, the need for punishment and deterrence outweighed the plea for a wholly non-custodial sentence. The court therefore imposed a blended sentence: seven years imprisonment followed by three years probation, with remission to be considered, balancing...
Court Disposition
Accused sentenced to 10 years: 7 years imprisonment followed by 3 years probation.
Orders
- The accused Edward Wangila is sentenced to serve 10 years: 7 years imprisonment and 3 years probation upon release.
- Prisons shall consider any remission period the accused is entitled to.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Wangila (Criminal Case E016 of 2022) [2024] KEHC 4558 (KLR) (26 April 2024) (Sentence)
Neutral citation: [2024] KEHC 4558 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case E016 of 2022
REA Ougo, J
April 26, 2024
Between
Republic
Prosecutor
and
Edward Wangila
Accused
Sentence
1. Edward Wangila the accused person has been convicted of the offence of murder of Edward Wanjala. The murder happened on the 12th of June 2022 at Masaek village in Chengeiywo location Kopsiro Sub-county within Bungoma County.
2. This court sought a pre-sentence report on the accused person. The accused is 39 years old and the deceased was his 2nd born. It is stated that he executed corporal punishment on the deceased under the influence of alcohol hence he was not in control of his faculties. His family members maintain that the incident was not intentional. The report indicates the accused is remorseful and denied having a preconceived mind to commit murder of his own son. That he is the first born and his mother and younger siblings look up to him for welfare support . he is married with 4 surviving children and his nuclear family is now hosted by his mother and the wife is burdened by family responsibilities and she for the husband’s release. The local administrators and the neighbours interviewed endorsed community-based measures assuring his safety in the community. The report states that the successful reconciliation and probably restitution were undertaken which has since eased tension between the offender and the deceased maternal family. Their analysis of the offender’s criminogenic needs reveals key contributory factors including alcoholism, poor anger management, irrational decision making and occasional antagonistic character that largely influenced his actions. The accused has a receptive home environment and he is unlikely to suffer community reprisal if immediately released. Although the matter involves members of the same family his family appear willing to allow his immediate re-entry and reunion. The court has been asked to exercise its applicable discretion in passing a suitable sentence.
3. The accused’s counsel stated as follows in mitigation; the accused is remorseful and seeks for leniency. He has had time to rethink his actions and he regrets his actions. He promises to improve himself and is a good and loving father of good character. He is the sole breadwinner of his family and he seeks a non-custodial sentence so that he can go back to his family to fend for them. The accused is a parent and the circumstances of this case are that he was disciplining the child and had no intentions of harming him and unnecessary force was used. His actions of the said date have resulted in a scar in his life which will take time to heal and that is enough punishment. He did not bury his son and he has not found closure, this is a mental torch to him as he did not say bye to his son. The accused has been in remand for two years.
4. The accused is a first offender. I have considered the pre-sentence report and the mitigation raised. I have also considered the character of the accused as stated in the presentence report.
5. The offence of murder is very serious. I have considered the guidelines on sentencing, the period the accused has been in remand, he has been in remand from June 2022 and the circumstances of this case. Though the accused maintains that he was merely discipling the deceased who was his son, he did so with excessive force. The post-mortem report indicates that the deceased had a cervical spine fracture and that the cause of death was spinal shock from a cervical spine fracture. It was just a small beating. It was a thorough beating that resulted in a fracture at the neck, the deceased had a broken neck. The pre-sentence report is glowing however in my view the accused needs to undergo some punishment to deter him from ever taking such action against his children or any other person.
6. I therefore sentence the accused Edward Wangila to serve 10 (ten) years imprisonment to be served as follows; he will serve seven (7) years imprisonment and three ( 3) years’ probation once he is released from prison on completion of the seven years imprisonment. Prisons shall consider any remission period the accused is entitled to. The accused shall therefore first serve the 7 years imprisonment followed by the three ( 3) years probation. He has a right of appeal within 14 days. It is so ordered.
Dated, signed and delivered at Bungoma this 26th day of April 2024. R. OUGOJUDGEIn the presence of;Edward Wangila/ Accused -presentMiss Komora - PresentMiss Matere For the StateWilkister - C/AHCCRC NO. E016 OF 2022-RULING