Republic v Sarah Kerubo & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO. 04 OF 2013 REPUBLIC ………………………………………….……………...PROSECUTOR VERSUS SARAH KERUBO…………..…………….….…………………………..ACCUSED SENTENCE 1. The accused person herein SARAH KERUBO, was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. By a plea bargain agreement entered into on the 16 th July 2015 between the accused person and the state, the said charge was reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. 3. The particulars of the charge were that on 13th January 2013 at Olmotonyi area in Transmara District within Narok County in the Republic of Kenya unlawfully caused the death of DANIEL NYAMBOGA. 4. The accused person pleaded guilty to the said charge and was consequently convicted on his own plea of guilty. 5. The facts leading to the commission of the offence pleaded to were that on 13 th January 2013, the deceased and the accused, who were husband and wife engaged in a quarrel that degenerated into a physical confrontation in which the accused took a panga and cut the deceased on the head, legs and hand thereby injuring him fatally. 6. A post mortem examination conducted on the body of the deceased determined the cause of death to be severe head injury due to assault. 7. In mitigation, Miss. Sagwa, counsel for the accused submitted that the accused was remorseful and sought for leniency as she had 4 young children to take care of. 8. The probation officer in his pre-sentence and victim impact report, recommended a non-custodial sentence for the accused to enable her take care of her children who are in her absence, under the care of the accused’s elderly parents. The probation officer noted that the victim’s family was still a bitter lot but that could not hinder the accused’s release because, she would upon her release, go

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