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Original judgment

High Court 1675 of 2022

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MURANG’A CRIMINAL CASE NO. 5 OF 2020 REPUBLIC....................................................................................................PROSECUTOR VERSUS CECILIA NDANU KIOKO.................................................................................ACCUSED SENTENCE 1. The accused pleaded guilty to the offence of manslaughter under a plea agreement recorded on 7 th March 2022. This is a felony that attracts a sentence of life imprisonment. 2. On 11th January 2020, the accused stabbed her husband, Benjamin Kalungu, in the abdomen with a sharp knife. The accused initially told her neighbours that the deceased was unwell. They ferried him to Thika Level 5 Hospital where he was pronounced dead. The offence only came to light when the mortuary attendants at General Kago Funeral Home refused to accept the body as it had a deep abdominal cut wound. 3. The post mortem form (exhibit 1) shows that the deceased succumbed to “abdominal injury due to a single penetrating sharp force consistent with homicide”. 4. I have paid heed to the mitigation tendered by her counsel, Ms. Waititu. The accused is a mother of four. She is first offender and regrets her conduct. But she opted to resolve a domestic tiff by stabbing the deceased in the abdomen with a sharp knife. She must bear the full consequences of her actions. 5. Considering her blameworthiness and the gravity of the crime, a long prison term is appropriate. I sentence the accused to ten (10) years imprisonment. The sentence shall run from 11th January 2020, the date when she was first arrested and placed in custody. It is so ordered. DATED, SIGNED AND DELIVERED AT MURANG’A THIS 10TH DAY OF MARCH 2022. KANYI KIMONDO JUDGE SENTENCE READ IN OPEN COURT IN THE PRESENCE OF- ACCUSED. MS. A. GAKUMU FOR THE REPUBLIC. MS. C. WAITITU FOR THE ACCUSED. MS. SUSAN WAIGANJO, COURT ASSISTANT.

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