Case ID:166682

Republic v Mwanzia Musembi [2020] eKLR

Case Metadata

Case Number:

Criminal Case 200 of 2017 (Formerly Hccrc 28 of 2016)

Parties:

Republic v Mwanzia Musembi

Date Delivered:

10 Nov 2020

Case Class:

Criminal

Court:

High Court at Makueni

Case Action:

Ruling

Judge(s):

Hedwig Imbosa Ong'udi

Citation:

Republic v Mwanzia Musembi [2020] eKLR

Court Division:

Criminal

County:

Makueni

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HIGH COURT CRIMINAL CASE NO. 200 OF 2017

FORMERLY HCCRC 28 OF 2016

REPUBLIC.........................................................

PROSECUTION

-VERSUS-

MWANZIA MUSEMBI .................................................

ACCUSED

RULING ON SENTENCE

Mwanzia Musembi

the accused was charged and convicted of murder contrary to section 203 as read with section 204 of the Penal Code. There were no records from the prosecution on the accused’s past behavior. In mitigation he was said to be a family man with seven (7) children. He pleaded for leniency from the court.

A pre-sentencing report presented to court shows that the deceased’s mother is still very bitter at what the accused did to her daughter. The accused and deceased had been married for 20 years.

What the accused did to his wife of twenty (20) years with several children is unthinkable. There was no man in their house that night as alleged by him.

The children of the marriage are with the deceased’s mother and are school going.

Releasing the accused on a non-custodial sentence at this moment would be disastrous. The court has not been told what the children’s reaction to the happenings is. It is a painful experience for the children and this cannot be taken lightly.

I have however taken note of his mitigation, and the circumstances of the offence. I have also noted that the accused has been in prison custody since 12

th

July 2016 which is four (4) years and four (4) months which I am taking into account.

The accused is hereby sentenced to serve eight (8) years imprisonment.

Right of appeal explained.

Orders accordingly.

Delivered, signed & dated this 10

th

day of November 2020, in open court at Makueni.

……………………………….

H. I. Ong’udi

Judge