REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAHURURU CRIMINAL CASE NO. E011 OF 2024 REPUBLIC……………………..………………………………………ODPP -VERUSANN WAMBUI KABIRO………..………………………………ACCUSED RULING ON SENTENCE 1. Ann Wambui Kabiro, the offender was found guilty and convicted for the offence of Murder. The victim was her husband Cosmas Wamae Mwaniki. No previous records were availed from the Forensic Identification Bureau therefore she is treated as a first offender. 2. A pre-sentence report filed by the probation services indicates that the offender’s father was an alcoholic hence did not educate his children. As an individual she has a history of abusing alcohol. She has three (3) adult children who are married and living independently. Her siblings are supportive and pray for a non-custodial sentence but her children and the victim’s family are hostile to her. HCCR E011 OF 2024 (RUL.) Page 1 of 7
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3. An unnamed neighbour who described her as a law-abiding citizen prayed for a non-custodial sentence to enable her reform within the community set up. But the local administrator and some members of the community express anger and distress, considering that the deceased was a positive contributor to the society. They advocate for a harsh sentence. 4. On her part the offender continues to blame her acts on alcohol. It is hence the recommendation of the Probation Officer that community-based rehabilitation is a challenge. He recommends institutionalized rehabilitation. 5. In mitigation through learned defence counsel Ms. Njoki Mureithi, the offender states that she has changed her ways and has undergone a course while in prison and because of her good conduct she is in-charge of women remandees. That she did attempt to plea bargain so as to save court’s time but it was declined. That she is a member of the women guild and being the only parent following loss of her children’s father, she sought an opportunity to raise them. In that regard she prayed for a lenient sentence. HCCR E011 OF 2024 (RUL.) Page 2 of 7
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6. Learned prosecution counsel Ms. Mumbe urged that the offence was brutal and there was use of excess violence. The offender used a panga to inflict multiple injuries on the deceased. That instead of the offender safeguarding the life of a spouse she took it away. She called upon the court to consider the conduct of the offender after the act of dragging the body some 30 meters away and the attempt to conceal evidence. 7. On mitigating factors, counsel conceded that the offender is a first offender. The offence arises because of a domestic disagreement but these are outweighed by aggravating factors. 8. The offender contravened Section 203 as read with Section 204 of the Penal Code provide thus; Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder. Any person convicted of murder shall be sentenced to death. HCCR E011 OF 2024 (RUL.) Page 3 of 7
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9. The objectives of sentencing are stated in Clause 1.3 of the Sentencing Guidelines (2023) as follows; Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other – insofar as possible, sentences imposed should be geared towards meeting the objectives in totality. i. Retribution: To punish the offender for their criminal conduct in a just manner. ii. Deterrence: To deter the offender from committing a similar or any other offence in future as well as to discourage the public from committing offences. iii. Rehabilitation: To enable the offender to reform from his/her criminal disposition and become a law-abiding person. iv. 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 HCCR E011 OF 2024 (RUL.) Page 4 of 7
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responsibility through the offender’s contribution towards meeting those needs. v. Community protection: To protect the community by removing the offender from the community thus avoiding the further perpetuation of the offender’s criminal acts. vi. Denunciation: To clearly communicate the community’s condemnation of the criminal conduct. vii. Reconciliation: To mend the relationship between the offender, the victim and the community. viii. Reintegration: To facilitate the re-entry of the offender into the society. 10. In S v ZINN [1969] (2) 537 the court called upon the sentencing court to consider various factors, the severity of the offence, the personal circumstances of the offender, whether he is capable of being rehabilitated and generally the views of the society; although the public opinion need not be fully satisfied. HCCR E011 OF 2024 (RUL.) Page 5 of 7
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11. In Muruatetu & Another (2021) Republic; the Supreme Court gave guidelines when it comes to sentencing as to which mitigating factors should be considered which include the age of the offender; whether the person is a first offender, character and record of the offender, remorsefulness of the offender and the possibility of reform and social re-adaptation of the offender. 12. The offender is stated to be 51 years old. PW6 Chief Naskii stated that both the offender and deceased were drunkards. They would drink and quarrel, a fact confirmed by their daughter PW1. They had domestic quarrels and on the fateful date they were intoxicated and upon arrival per PW2 they quarreled. The Chief alluded to an incident where the offender got drunk at the market and undressed. This is a person who requires to be rehabilitated. 13. The deceased suffered severe injuries. injuries because of dependency on Causing such alcohol must be addressed. There is need for the offender to be subjected to rehabilitation programs as well as counselling services. She needs psycho-social support and behavioral therapy. HCCR E011 OF 2024 (RUL.) All Page 6 of 7
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these can only be achieved in a correctional facility like prison. 14. For that reason, I sentence the offender to 15 years imprisonment effective from the date of arraignment, 27 th July, 2023. 15. It is so ordered. 16. Right of Appeal explained. Dated, signed and delivered virtually at Nyahururu this 21st July, 2026. L.N. MUTENDE JUDGE HCCR E011 OF 2024 (RUL.) Page 7 of 7
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