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Republic v N’nyuru (Criminal Case E024 of 2022) [2022] KEHC 16266 (KLR) (15 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16266 (KLR)
Republic of Kenya
Criminal Case E024 of 2022
CM Kariuki, J
December 15, 2022
Between
Republic
Prosecutor
and
James M’kiungu N’nyuru
Accused
Ruling
1.The accused was charged with offence of murder and he pleaded not guilty and thus matter fixed for pre-bond report. Meanwhile the Defence proposed to initiate a plea bargain process as the deceased was stabbed during an altercation.
2.The agreement was reached and was executed by accused, defence advocate and the ODPP. The charges of murder were substituted with that one of manslaughter which accused plead guilty to facts were read as stated in the pleas bargain agreement which he admitted and thus convicted of offence of manslaughter.
Facts
3.On the August 28, 2022, the accused person aged 78 years and the deceased then aged 35 years who both hail from Kajiado village Siron Sub-Location Thiru Location in Nyahururu Sub- County within Laikipia County were in a drinking spree at a drinking den at 8.00pm at one Kamaa’s home when a misunderstanding ensued between the two which prompted the suspect/accused to leave and proceed to his home.
4.Sometimes later in the same evening the deceased followed the accused to his home where he found him seated inside. A confrontation ensued and the suspect picked a kitchen knife and stabbed the deceased. The deceased got out of the house and ran away. As he was going, he suddenly fell down on the road and succumbed.
5.A postmortem was conducted on the body of the deceased on September 2, 2022 at Oljabet Medical Centre which revealed the cause of death as bleeding due to stab wound on left upper limb following assault.
6.He was said to be a first offender by ODPD thus he was called to tender his mitigation
Mitigation
7.Accused is a first offender aged 78 years. He is remorseful and repentant.
8.Accused was beaten by mob so he is sickly. He Has been in remand from August 28, 2022.
9.The case is manslaughter as deceased went to accused house and caused confrontation. The stab was right arm which bled and died.
10.He seeks leniency and a probation term of one year.
11.Mr Omooria Senior Assistant Director of Public Prosecution stated that a life was lost and he propose in paragraph 11 of plea agreement 3 years imprisonment.
12.Taking to account that deceased went to attack accused in his house when he was stabbed. The fact that accused is aged 78 years sickly and pleaded guilty to save court time, I put him on one (1) year probation
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 15TH DAY OF DECEMBER 2022.………………………………..CHARLES KARIUKIJUDGE
