1.The accused was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code (cap 63) Laws of Kenya.
2.Particulars being that on the 22nd day of December 2021 at Jumatatu Village in Subukia Sub-County within Nyandarua County, murdered Leah Wambui Nderitu.
3.He pleaded not guilty, and the matter was fixed for hearing. However, the parties negotiated and entered into a plea bargain which culminated in a Plea Agreement executed on 18/11/2022.
4.Subsequently, the charge was substituted to one of manslaughter in which the accused pleaded guilty to.
5.The facts were read as follows;
6.The accused admitted the fact and he was convicted of the offence of manslaughter.
7.The Prosecution informed the court that he is a first offender.
8.The Defence via Counsel mitigated that he has been in custody since 27/12/2021. The incident leading to death arose from a fight between the accused and the victim. That he is married to a wife who was the victim and thus a nursery child is left with no parents.
9.He is repentant and remorseful thus he seeks leniency and a non-custodial sentence.
10.The Probation report has not been filed since November thus court dispensed with the same. Thus, the court in making a Sentence considers the facts, the law, the circumstance of the case plus the sentencing policy. Sentences are imposed to meet the following objectives:
11.4.2 These objectives are not mutually exclusive, although there are instances in which they may conflict with each other. As much as possible, sentences imposed should be geared towards meeting the above objectives in totality
12.Thus, the court taking account the above fact and taking account that the accused offender saved court time by admitting the offence, courts makes the orders as follows;i.The accused will serve three years from the date of December 27, 2021, thus court taking to account the period he has been in custody.