A Nakuru man who killed his wife and two children by smashing them with a hammer has got a reprieve after the High Court set aside his indefinite sentence.
James Njuguna will now serve three years probation after winning his appeal case.
In October 2014, the court convicted and sentenced Njuguna to serve at the President's pleasure, which refers to detention in prison for an indefinite length of time.
The length depends on the inmate’s conduct, and imprisonment terminates when the reviewing body reports to the Office of the President that there has been a significant change in the offender’s attitude and behaviour.
Njuguna, now 58, killed his wife Leah Mumbi, 20, and his two children aged seven and two years in 2011 following a domestic row.
Since his conviction in 2014, Njuguna has been in jail and made an application that he be allowed to mitigate afresh.
In his application and the submissions, he pleaded that he did not dispute the case and the circumstances that led to the commission of the offence but he pleaded that he was under strange hallucinations because of alcoholism.
Njuguna said that he had learned a lifelong lesson and he regrets the offence.
He requested a second chance to restart his life.
The accused submitted that he has undergone rehabilitation while in custody and learned several trades including biblical courses, and soap making and sat his KCSE exams among others.
“He said that he was now 58 years old and pleaded for a second chance to take care of the other children and his ageing mother,” the ruling says.
The prosecution counsel submitted that Njuguna had been incarcerated from January 2011 till the period of his sentencing.
The counsel reiterated the gravity of the matter especially the fact that he killed three family members.
He submitted that the applicant should be subjected to psychiatric analysis before the court could arrive at its decision.
The court acceded to the request by the state counsel and ordered that the applicant be subjected to another psychiatric test which returned a positive report.
In the report dated March 8, it was apparent that the accused has since recovered.
The judgement delivered by Justice Hilary Chemitei on June 9, considered the factors and the circumstances under which the offence occurred.
He formed the opinion that since Njuguna had recovered and as per the psychiatric report he merits a second chance.
The judge however said the offender at the time of the commission of the offence was found to have been under some influence which the trial confirmed and that’s why he served the sentence under the presidential pleasure.
“He was found to have been a first offender and it appears that after conviction he has improved himself including enrolling in school among others,” the judge said.
“In the premises, the sentence under presidential pleasure is hereby set aside and the applicant is sentenced to serve under probation for three years under the relevant probation office.”
Edited by Kiilu Damaris
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