At the Maua Law Courts, tension filled the courtroom as Alex Mugambi stood before the magistrate to hear his fate in a case of attempted murder.
On May 10, 2023, Mugambi was found guilty of
attempting to kill Joseph Mwamba in Igembe South Sub-county, Meru County.
The attack left Mwamba with devastating injuries: deep cuts on his neck and
shoulder, and a blow that completely severed his right wrist.
Shocked villagers who witnessed the aftermath rushed to save Mwamba’s life.
In Kenya, attempted murder is addressed under
Section 220(a) of the Penal Code. The law states:
“Any person who attempts unlawfully
to cause the death of another is guilty of a felony and is liable to
imprisonment for life.” This underscores the seriousness of the offence; even
if the victim survives, the law treats the intent and action with the same
gravity as murder.
Although the maximum sentence is life
imprisonment, courts may issue lesser terms ranging from 10 to 15 years,
depending on the circumstances of the case.
Judges consider whether the accused shows remorse, the degree of violence
involved, and other mitigating or aggravating factors.
In prosecuting such cases, Kenyan courts rely
heavily on witness testimonies, medical reports, recovered weapons, and
confessions.
The prosecution must prove not just that the accused injured the victim, but
that they acted with the intent to kill.
In Mugambi’s case, the severity of Mwamba’s injuries, cuts to the neck and
shoulder, along with the severed wrist, demonstrated a clear, deadly intent.
The attack was reported to the police, and
Mugambi was arrested shortly after. He was formally charged with attempted
murder, contrary to Section 220(a) of the Penal Code.
During the trial, the prosecution, led by
State Counsel Kelvin Gitonga from the Office of the Director of Public
Prosecutions (ODPP), presented six witnesses.
Their evidence painted a consistent picture: Mugambi had unlawfully
attempted to end Mwamba’s life.
Senior Resident Magistrate Ken Muchiri
delivered the judgment, ruling that the prosecution had proved its case beyond a
reasonable doubt. Mugambi was found guilty and sentenced to ten years in
prison.
The case underscores how seriously the Kenyan
justice system treats attempted murder. Even when death does not occur, the law
ensures that perpetrators face heavy consequences.
For the victim, Joseph Mwamba, the injuries
remain life-altering.
However, the conviction and sentencing offered him and his community a measure of justice, showing that the law is committed to protecting life and punishing those who try to take it.
