High Court 2282 of 2022

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT VOI CRIMINAL CASE NO. E004 OF 2021 REPUBLIC........................................................................................PROSECUTOR -VERSUSSAMUEL NJULE MAGANGA...............................................................ACCUSED S E N T E N CE 1. The accused Samuel Njule Maganga 28 year’s old male adult pleaded guilty to the offence of contrary to Section 203 as read with Section 204 of the penal code. 2. The particulars were that Samuel Njule Maganga on the 11 th day of April 2021 at Kese Trading Centre in Wundanyi Sub-county within Taita Taveta County murdered Defence Wamuda Mwanugu alias Mary. 3. The accused was arraigned in court on 4 th May 2021 and after going through the process of mental assessment and appointment of advocate, he was called upon to plead to the charge on 30/11/2021. When he pleaded guilty to the charge the trial court cautioned him of the consequences and accompany of penalty but he insisted on pleading guilty. 4. The matter was adjourned so that the counsel could consult with him and on 6/12/2021 again charge and particulars were read to him and he pleaded guilty. 5. The court cautioned/warned the accused of the consequences of pleading guilty to the charge of murder and he only prayed for courts leniency pleading provocation. 6. Matter was placed aside and at 11.50am the Prosecution counsel read the facts of the case and accused said the facts were correct and plea of guilty was entered. 7. The accused person’s advocate Mr. Mutinda made submissions in Mitigation and accused person also informed the court that he would not have committed the offence if he would have sought advice. He pleaded for leniency and shore that he would not repeat the offence. 8. This court called for victim impact statement and John Riungu-Probation Officer Voi filed a statement dated 14 th January 2022 one of the siblings of the deceased said that the manner in which she was killed evokes bad memories. They are psychologically affected. 9. The daughter of the deceased who is currently in Form III was psychologically and emotionally affected by the loss of the deceased who was a single mother and was everything to her. It is reported she was at the verge of going into depression and could lock herself in a room most of the time. Her grades dropped in school but was counselled and is slowly healing. 10. This court has considered the accused persons mitigation and the fact that he is a 1 st offender but the fact that he lured the deceased into his rental house in the shopping centre away from their employees home and the manner he managed to dismember her body into different parts and disposing some parts on the road was beastly & bizzare. 11. The accused person is young and has a whole future ahead of him but his actions of terminating sacrosanct life of a single mother who was a sole bread winner to the daughter and subjecting to emotional & psychological torture as well as economic hardship makes this court find that he deserves most severe punishment. 12. In the circumstances the accused is sentenced to serve 30 years imprisonment. 30 years with effect from 4/05/2021.

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