REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATES COURT AT TIGANIA CRIMINAL CASE NO. E573 OF 2026 REPUBLIC…….……………………….……………………DPP VERSUS FRANCIS MWIKA………….…………………….…ACCUSED RULING ON SENTENCE 1. The accused herein, FRANCIS MWIKA, has been convicted upon own plea of the offence of attempting to strike with intent to harm contrary to section 231(b) of the Penal Code. The Accused admitted that on 25/06/2026 at about 2100 hrs, while at Antuabeti village, Nchooro location, in Tigania West sub-County, within Meru county, he willingly and unlawfully attempted to strike with intent to harm JEHERUSA KARIMI with a panga. 2. Section 231(b) of the Penal Code provides; Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person- … unlawfully attempts in any manner to strike any person with any
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republicofkenyaintheseniorprincipalmagistrate’scourtattiganiacriminalcaseno.e573of2026republicdppversusfra ncismwikaaccusedrulingonsetence kind of projectile or with a spear, sword, knife or other dangerous or offensive weapon… is guilty of a felony and is liable to imprisonment for life. 3. The sentencing policy guidelines (2023) paragraph 2.3.15 provides for principles to consider such as the gravity of the offence and if the accused is a first-time offender. In this case the accused person is a first-time offender and entered a plea of guilty which is a mitigating factor demonstrating remorse as it was established in BENARD OPIYO OUMA V REPUBLIC (2018) eKLR. 4. Considering the above mitigatory circumstances, I am inclined to consider the accused for a non-custodial order. I shall therefore call for a pre-sentencing report as to the suitability of the accused to serve a noncustodial sentence. DATED SIGNED AND DELIVERED THIS…29TH ………DAY OF…SEPTEMBER….2026 A.P NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Mugambi Page 2 of 3
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republicofkenyaintheseniorprincipalmagistrate’scourtattiganiacriminalcaseno.e573of2026republicdppversusfra ncismwikaaccusedrulingonsetence Prosecution Counsel: Mbae Accused: Present Victim: Absent CT: Mn on 16/10/26 Page 3 of 3
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