Republic v Joshua Kagai Wanjohi & 1 other

6. The facts of the case as admitted in the Plea Bargain Appeal were simply that the accused had beaten his wife for going to bed without preparing food for him as follows: “ 8. Had the case gone to trial, the Prosecution would have presented evidence sufficient to prove the following facts beyond a reasonable doubt that: Brief Facts On 1st June 2019, the accus {Joshua Kagai Wanjohi} picked a quarrel with his wife the deceased {Virginia Wamboi Kagai} after he found her asleep without having prepared food for him. He demanded that she serve him food and on noticing there was none, he embarked on beating her mercilessly using a blunt object that left her with injuries on the head. The deceased tried to escape but due to the injuries infiicted on her legs, she was unable and collapsed unconscious some few meters from the house where she was found dead the following morning. The accused oblivious of what had happened slept in the house only to wake up at 4 am to find the wife dead. Witness statements Pw-1 {Peter Kagai} then aged 15 years the son to the deceased {Virginia Wambui Kagai} and accused {Joshua Kagai Wanjohi} testified on 10th March 2020 that he was at home on the 1st March 2019 when the father {Joshua Kagai Wanjohi} arrived home at about 7pm. That he immediately demanded from the mother {Virginia Wambui Kagai} to be given food. That he left to see his elder sister and returned about 9pm when he found his father assaulting the mother. That he tried to intervene but the accused chased him with a stick he was assaulting the mother with. That he picked up his young sister together with his elder brother {Dennis} and left to their elder sister and the father upon noticing them leaving charged at them to return but the went to their Aunty instead. That it was in the morning at about 6am when the accused went for them to return home where he saw the deceased {Virginia Wambui Kagai} lying motionless outside the house. That she was lying on her back with the face upwards while covered with a blanket. It was his evidence that they tried calling her but she was unresponsive and that is when they noticed, she was not breathing. He testified that the parents were always engaged in scuffles with the father having warn the mother that one day he will kill her. Pw-2 {Denis Kagai} then aged 18 years was also the son to the accused and the deceased. He testified on 10th March 2020 that he was at the aunt's place on the 2nd March 2019 when she informed him that the father wanted to talk to him. That when he saw the accused, he looked worried asking him if he had any money on him but unfortunately, he had none. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18164/eng@2025-11-27 2

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That he talked to the Aunty and uncle and he joined them as they walked towards their home where he found the mother lying motionlessly outside their house while covered with a blanket. That they tried calling her but she was unresponsive that when they realized she was not breathing. That it was his uncle who first reported the matter to Rukanga AP Post before the officers from the Sagana Police took the body. Pw·3 {Ann Wanjiku Kagai} then aged 20 years was also the daughter the accused and the deceased who testified on the 10th March 2019 that on the 1st June 2019, her young brother visited her at about 7pm informing her that their parents were fighting. That at first, she thought it was the usual scuffle until the following day the 2nd June 2019 at about 6am that she got to learn the gravity of the events of the previous night when her young brother informed her of their mother's demise. That she was among those who went to Rukanga AP Post to report before the scene was taken over by the Police. Pw·4 {Nicholas Ngare} who testified on the 10th March 2020 confirmed that he was asleep when the accused {Joshua Kagai Wanjohi} woke him up on the 2nd March 2019 informing him of an incident that required his assistance. That after inquiring what exactly it was, the accused informed him that his wife the deceased had taken poison as such wanted to escort her to hospital. He remembered escorting the accused to the AP post where he narrated what he had told him but it was until they arrived at the accused homestead that he witnessed the brutality the deceased had sufiered at the hands of the accused and he concluded it was not poison as he had been informed. Pw·5 {Jennifer Kariuki} testified on 10th March 2020 to have identified the body of the deceased during the post mortem that was performed on the 10th June 2019 at the Kibugi Funeral Home. Pw-6 {No 79681 CPL Mohamed Hamisi} was the investigating officer who recorded Witness statements and confirmed that the accused was the perpetrator who caused the untimely death of the deceased {Virginia Wambui Kagai}. Pw-7 {Dr. Karomo} formed the opinion that the cause of death was due to severe head injury infiicted by blunt object in an assault. The death certificate No 1224805....” 7. The Court takes serious view of prevalent gender based violence meted on women resulting on loss of life and disruption of family life for innocent children. In this particular case, the cause of disagreement is trivial and the court would agree with the DPP for the need to have eh accused schooled in anger management in addition to any other sentence. 8. The Court considers that a custodial sentence is appropriate for deterrence. An imprisonment term of nine (9) years meets the justice of the case. 9. However, pursuant to section 333 (2) of the Criminal Procedure Code, as the accused has been in custody for over (6) years since 17/6/19 he has within remission served the sentence of imprisonment for nine years in full. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18164/eng@2025-11-27 3

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Orders 10. Accordingly, for the reasons set out above, the Court having convicted the accused for manslaughter contrary to section 2022 as read with 2025 of the Penal Code sentence the accused to imprisonment for nine (9) years. [Right of Appeal under section 137L of the Criminal Procedure Code only “to the extent or legality of the sentence imposed” explained.] 11. As the accused has been in pre-trial detention for over 6 years, he has fully served his sentence of nine years with remission, there shall, therefore, be an order for his immediate release from custody, unless he is otherwise lawfully held . 12. However, on account of his obvious ill-temperament, the Court shall, as recommended by the Probation Officer, place the accused on Probation for a period of two (2) years, when as suggested by the DPP, the accused shall undergo anger management training by the Probation Officers. Order accordingly. DATED AND DELIVERED THIS 27TH DAY OF NOVEMBER 2025 EDWARD M. MURIITHI JUDGE Appearances: Mr. Munene for Mr. Ngigi for Accused. Mr. Mamba for DPP. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18164/eng@2025-11-27 4

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