Republic v Mwm

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CRIMINAL CASE NO.1 OF 2018 REPUBLIC....................PROSECUTOR VS. MWM.....................................ACCUSED RULING ON SENTENCE 1. MWM was convicted by this Court on 7th September, 2021 with the offence of murder of JMK deceased. MWM and the deceased were husband and wife. Their marriage was blessed with two daughters, AN and BM who were 12 years and 6 years old respectively when the offence occurred. THE FACTUAL CONTEXT 2. The two children of the marriage witnessed their mother MWM injure their deceased father. 3. The children of the marriage who were asleep in the sitting room stated that they were awoken on 10 th June, 2015 by the loud quarrel of their parents. Both children saw MWM, their mother go to the kitchen and return to the sitting room with a container which contained paraffin. Their deceased’s father was seated on the chair. MWM doused the deceased with paraffin. The children saw MWM strike the match, twice towards the deceased but the deceased put them off. The third strike of the match however ignited and deceased’s clothes caught fire. AN saw her deceased’s father’s skin peel due to the burns. The deceased while alight tried to escape but the front door was padlocked. The deceased was admitted to hospital with 70% total body surface 3 rd degree deep burn. The deceased was in hospital for three days before succumbing to his injuries. The deceased in his dying declaration to his family members said that MWM intended to kill him and the children of the marriage. 4. This Court, by its judgment convicted MWM of the offence of murder. In considering the appropriate sentence for MWM, the court will bear in mind that MWM in setting the deceased on fire also endangered the lives of the children of the marriage who were 12 years and 6 years old. ANALYSIS 5. MWM mitigated personally and also through her counsel. MWM stated that she is remorseful and contrite. She acknowledged that it was her fault that led to deceased’s death. She stated she has repented and sought forgiveness by the court. MWM stated that she had been involved in rehabilitation program at the prison while awaiting the conclusion of her trial. She also stated:- “I have reformed. I have changed… I have been counselled on how to control anger.” 6. I have considered mitigation personally by MWM and by her learned counsel. I have also considered that MWM was a first time offender. 7. The prosecution provided a victim’s impact report which reveals that the deceased’s mother and sibling are still traumatized and are bitter towards MWM. The report also shows that the children marriage are still bitter with their mother MWM. 8. The holding in the case REPUBLIC VS. JAGAN AND ANOTHER (2001) eKLR is useful to consider hereof, as follows:- “The purpose of a sentence is usually to disapprove or denounce unlawful conduct as a deterrent to deter the offender from committing he offence, to separate offenders from society if necessary to assist in rehabilitation of offenders, and in retribution by providing for reparation for harm done to victims in particular to society in general. It is also seen as promoting a source of

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