Republic v Zelipha Wamwirua Kimani & 1 other

4. The accused person admitted the facts as presented by the prosecution. In mitigation, the defence counsel, Mr. Kibe told the court that the accused person before the incident had been a victim of domestic violence from her late husband, the deceased herein. Mr. Kibe stated that on the fateful day, the accused person was involved in an altercation where the deceased had attempted to kill her but she defended herself by stabbing him. It was further stated that at one time, the deceased had thrown the accused person on the ground from the first floor of a building and she sustained a brain traumatic injury which is documented in the instant case. It was further submitted that the deceased confronted the accused person with a kitchen knife t a time when both parties were intoxicated due to alcohol consumption. Mr. Kibe stated that the accused person acknowledges her actions and has portrayed deep remorse following the commission of the offence. He further urged the court to consider the circumstances of the offence and prayed that the court grant the accused person a non-custodial sentence. 5. The prosecution stated that the accused persons did not have any previous conviction. The prosecution further stated that the accused person was not remorseful and she does not care for her three children who have been under the care of her younger siblings. The prosecution further stated that the accused person is in the habit of drug abuse as shown by the present report. The state urged the court to grant the accused person a custodial sentence to facilitate her to reform. The prosecution stated that the family of the deceased are still grieving over the loss of their loved one. 6. The pre-sentence reports dated 18th December 2024 provided that the accused person was remorseful for causing her husband’s death. It was further stated that the accused had stayed in an abusive marriage with the deceased and they separated in the year 2023 but later reconciled and lived together until the date of the commission of the offence. The local administration stated that they once presided over a reconciliatory meeting between the family of the deceased and that of the accused following an incident of domestic violence. The victim’s family stated that they had reconciled the accused person and the deceased following a past violence incident. The family further stated that they are yet to come with terms of their loss. The report further indicated that the accused person has been abusing alcohol, bhang and muguka since the year 2017. The accused person is a mother of three children aged 14, 10 and 5 years. The accused had gone through unsuccessful relationships and has not been engaged economically thus depending on the deceased for the family needs and in financing her drug and alcohol consumption. The report recommended that the court grant a probation order for a period of 3 years for the accused person to address her substance abuse, bond and provide for her children and explore reconciliation with the victim’s family. 7. I have considered the factors set out in Judiciary Sentencing Policy in regard to sentencing and mitigation of the accused persons. In my considered view, a non-custodial sentence is not appropriate having regard to the circumstances of the offence. The accused stabbed the deceased more than ten (10) times as shown by the post mortem report and inflicted deep stabs on several parts of his body including the head, face and on the limbs. It is evident that the accused person abused alcohol and drugs for the better part of her life. This constant state of inebriation must have escalated the disagreements between the parties. In my view, a deterrent sentence is appropriate to discourage senseless killings in society who depend in courts to do justice in cases like this one. However, this court considers that by the fact the accused pleaded guilty to the offence, saved the precious time of the court. This is a factor that the court takes into consideration and which has the effect of mitigating. This court still considers the fact that the accused is a mother of three children aged between 5 and 14 years. 8. The record shows that the accused person has been in custody since the day of her arrest being 23rd March 2024. Therefore, pursuant to Section 333 of the Criminal Procedure Code, the court will take into account this period while sentencing. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19796/eng@2025-02-20 2

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9. The accused person is therefore sentenced to serve ten (10) years imprisonment to commence from 23rd March 2024 the date of her arrest. 10. It is hereby so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT THIKA THIS 20TH DAY OF FEBRUARY 2025. F. MUCHEMI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19796/eng@2025-02-20 3

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