[2023] KEHC 17256 (KLR)
The court found that the accused, Chiristine Wangui Wanjiru, was initially charged with murder but, upon consideration of the plea bargain agreement and the facts, convicted her of manslaughter under section 205 of the Penal Code. The court accepted that the accused acted in self-defence during a domestic...
Source-derived case information.
- Citation
- [2023] KEHC 17256 (KLR)
- Parties
- Applicant: Republic; Defendant: Chiristine Wangui Wanjiru
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2019
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- Convicted of manslaughter; sentenced to 3 years non-custodial sentence in addition to time served.
- Judges
- RM Mwongo
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Self Defence, Probation, Community Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chiristine Wangui Wanjiru
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused was guilty of murder or a lesser offence of manslaughter.
- 2 Whether the accused acted in self-defence.
- 3 What is the appropriate sentence for the offence committed.
Ratio Decidendi
The court found that the accused, Chiristine Wangui Wanjiru, was initially charged with murder but, upon consideration of the plea bargain agreement and the facts, convicted her of manslaughter under section 205 of the Penal Code. The court accepted that the accused acted in self-defence during a domestic altercation but used excessive force, resulting in the death of the deceased. The court considered her status as a first offender, her remorse, her family responsibilities, her positive conduct in prison, and the recommendations of the probation report, which supported a non-custodial sentence. The court determined that the maximum sentence for manslaughter was not warranted and that a...
Court Disposition
Convicted of manslaughter; sentenced to 3 years non-custodial sentence in addition to time served.
Orders
- The accused is sentenced to 3 years non-custodial sentence with immediate effect, in addition to the 3 years imprisonment already served.
- During the non-custodial period, the accused shall be engaged in community service in a programme designed and facilitated by the Probation Officer in a public facility or office.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Wanjiru (Criminal Case 17 of 2019) [2023] KEHC 17256 (KLR) (11 May 2023) (Judgment)
Neutral citation: [2023] KEHC 17256 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Criminal Case 17 of 2019
RM Mwongo, J
May 11, 2023
Between
Republic
Prosecution
and
Chiristine Wangui Wanjiru
Accused
Judgment
1. Charge: Murder Contrary to Section 203 as read with Section 204 PC.Plea: First entered plea on August 15, 2019. PBA: Signed by Parties Adopted by Court on March 6, 2023. Conviction: Manslaugter Contray to section 205 PC, liable for life Imprisonment.DPP Mitigation: First offender yes or no Yes.DPP recommends 20 years imprisonment.Accused seeks 3 years probation.Facts: As per PBA a clear/legible post mprtem report to be filled as the one on the file is unclear.Accused and Deaceased were living as husband/wifeJuly 20, 2019 Deceased visited wife. They fought. Deceased picked a knife. She overpowered him and stabbed him. He succumbed to injuries.Post Morterm: Cause of death shock (hemorrhage) following injuries.Post Mortem dated July 29, 2019 Medical Superintendent Kerugoya County Referral Hospital.POR: Recommends this as a suitable case for non-custodial sentence;Dated: April 5, 2022 with Guidance and Counselling on Anger Management.Filed: February 14, 2022Accused mitigation: Through Counsel accused is remorseful; Aged 26, first born. Has 2 children ages 9, 12; Has 3 brothers who are young and have no parents. She has reformed; she acted in self defence.Embu Women’s Prison Report dated July 29, 2022 is on file. She has served 3 years imprisonment.
Trained in dress making; knitting.
She is disciplined and of good character.
She co-exists peacefully with others.
Sentence: This is an appropriate case in which the maximum sentence need not apply.1. In addition to the 3 years imprisonment already served, the accused is sentenced to 3 years non-custodial sentence with immediate effect.2. In addition, during that period the Accused:a.Shall be engaged in Community Service in a programme designed and facilitated by the Probation Officer in a Public facility/office.b.Shall be enrolled and engaged in a Guidance and Counselling programme, including Anger Management; designed or facilitated by the Probation Officer.Orders accordingly.
DATED AND SIGNED THIS 11TH MAY, 2023. R. MWONGOJUDGEDelivered in the presence of:State Counsel - Mamba.Makazi - for Accused.Accused - Present in Court.Murage - Court Assistant.