Republic v James Mwangi Njeri & 1 other

6. Pursuant to the aforesaid, the court notes that the accused is a first offender. The circumstances under which the offence was committed, mainly that it is the deceased who attacked the accused with a knife when they were engaged in a confrontation is considered. Furthermore, that the accused committed the offence without mens rea or malice aforethought. 7. Similarly, the pre-sentence report reveals that the accused’s family has strong family ties and they pray that he be accorded an opportunity to return to the society as he was the sole bread winner of his family. That the accused was married to the deceased and they have two (2) children who are under the custody of their maternal grandmother. That he regrets committing the offence. 8. That the community described the accused as a calm person who has never committed any crime and are shocked of the incident herein. 9. However, the victim’s father described the accused as a dangerous man and that he is bitter over his daughter’s death. That the offender and victim had several domestic issues and the deceased had gone back to her parents’ place before the incident, then the accused convinced her to return to her home and the quarrels resumed followed by the death. 10. Further that, the family is yet to forgive the accused and if released from prison, he shall revenge on him. That the deceased’s father said that he cannot stand to see the offender walking freely as the victim lies in the grave. Furthermore, the responsibility over the deceased’s children drains them financially. He urged the court to sentence the accused to life imprisonment. 11. In conclusion, the probation officer states that, pursuant to the aforesaid, the accused is not suitable for a non-custodial sentence but the court can exercise leniency in sentencing. 12. The accused in mitigation urged the court to consider that he has been in remand for a period of one (1) year and six (6) months. That he prays for a non-custodial sentence to rebuild his life and is ready to change. Further he wishes to go back to his work to take care of his children. That he is a young man thirty-three (33) years old and pleads with court to temper justice with mercy and the ‘milk of human kindness’ and consider a lenient sentence. 13. In addition to the afore reports, the objectives of sentence as outlined under clause 1.3 of the Sentencing Guidelines (2023) the sentencing policy as follows, have been considered a. Retribution: To punish the offender for his/her criminal conduct in a just manner. It serves to deter future crime. Victims and society might feel satisfied that the criminal justice system is functioning well when they learn that the offender has received an appropriate sentence for their crimes, which raises trust in the criminal justice system b. Deterrence: To deter the offender from committing a similar offence or any other offence in future as well as to discourage the public from committing similar offences. Thus it is divided into two components; individual and general deterrence. Individual deterrence is to dissuade the perpetrator with the objective to inflict a punishment severe enough to deter the offender from engaging in criminal activity. The convict is expected to be discouraged from committing crimes in the future as a result of the sentence. The society is the target of general deterrence. Other people are deterred from committing those offences by the punishment meted out to those who commit them. c. Rehabilitation: To enable the offender reform from his criminal disposition and become a lawabiding person. It aims at changing the offenders and make it easier for them to reintegrate into society, through a variety of programs and treatments. It focusses on treating the root reasons of criminal behaviour, such as dependency, mental health conditions, or a lack of education. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19336/eng@2025-11-19 2

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The objective is to give the offender the resources and assistance they need to upon release, become law-abiding citizens. d. Restorative justice: To address the needs arising from the criminal conduct such as loss and damages sustained by the victim or the community and to promote a sense of responsibility through the offender’s contribution towards meeting those needs. Any harm done to the victim may be compelled to be repaired or restored by the court. The goal is to put the victim back in his pre-crime status or position. The goal of restoration is to make up for any harm the perpetrator has caused the victim. e. Restitution deters crime by financially penalizing the offender. It is somewhat like a civil lawsuit damages judgement and occurs when the court directs the offender to compensate the victim for any injury. Restitution may be required in cases of financial loss, property damage, and, in rare cases, mental suffering. It may also take the form of a fine to help defray part of the expense of the criminal investigation and punishment. f. Community protection: To protect the community by removing the offender from the community thus avoiding the further perpetuation of the offender’s criminal acts. g. Denunciation: To clearly communicate the community’s condemnation of the criminal conduct. h. Reconciliation: To mend the relationship between the offender, the victim and the community. i. Reintegration: To facilitate the re-entry of the offender into the society. j. Incapacitation’s main purpose is to simply keep offenders outside of society so that everyone is safe from their potentially harmful actions. A person convicted of a crime should not be permitted to mingle with the general public if there is no assurance that they will not commit the same crime again. In certain civilizations, punishment takes the form of death sentence or it may entail a sentence of life in jail without the chance of release. 14. To revert back to this matter, I find that the accused has saved court’s time through a plea of guilty. He is a first offender. However, the pre-sentence report reveals that although the offence was not pre-meditated, the couple had long standing matrimonial dispute and therefore the possibility of the accused’s anger boiling underneath and irrational behavior at the spur of the moment. 15. Further he is stated to have uncontrollable anger that needs to be managed before he can be released back to the society. Furthermore, his children are with the maternal grandparents and therefore the plea that he be released to take care of them does not arise. In fact, the in-laws are unlikely to allow him custody as they are extremely bitter with him. 16. Furthermore, he cannot argue that he be released on a non-custodial and freedom to continue with his life without consideration of the fact that the victim will not enjoy similar rights. 17. Moreover, the victim’s family have sworn to deal with him if released from custody. Consequently, a non-custodial sentence is ruled out for his own benefit. I further note that the pre-sentence report rules out a non-custodial sentence. 18. However, even as the sentence is meted out, the conduct of the deceased will not be overlooked. She is said to have also armed herself with a knife and confronted the accused. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19336/eng@2025-11-19 3

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19. After all the aforesaid and taking into account the sentence provided for the offence herein being: Any person who commits the felony of manslaughter is liable to imprisonment for life. 20. I sentence the accused to serve fifteen (15) years imprisonment after considering period in custody. 21. Right of appeal in 14 days explained. DATED, DELIVERED, SIGNED THIS 19TH DAY OF NOVEMBER, 2025. GRACE NZIOKA JUDGE In the presence of; Mr. Wanga h/b for Ms. Chepkoga for the State. Mr. Gichuku for the accused. Accused preset virtually. Ms. Hannah: Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19336/eng@2025-11-19 4

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