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Original judgment

High Court 7718 of 2018

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCR NO 25 OF 2009 REPUBLIC..............................................................................STATE VERSUS VINCENT GIKUNDA MWIGWA................................ACCUSED SENTECING 1. I have considered the mitigation of the accused. That he is a first offender. That he has a child who is dependant on him. That he is remorseful. 2. I have noted the Pre-sentence Report on record is positive of the accused. 3. However, I have noted the circumstances under which the offence was committed. That the accused lured his estranged wife to surrender to him a 2 ½ year old child whom he savagely eliminated from this world and dumped its remains in a pit latrine. I do not think that a merciless father like the accused deserves mercy from this Court. 4. Accordingly, I sentence the accused to suffer death as per the law provided. 14 days Right of Appeal explained. DATED and DELIVERED at MERU this 21st day of MARCH, 2018. A. MABEYA JUDGE 21:03:18 In the presence of:Court Assistant : Boniface Mr. Namiti for state Ms. Nelima for accused

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