This archive report was first published on 29 June 2021.
On June 29, 2021, Justice Mary Kasango of the Kenyan court ruled that Dominic Karanja, a 33-year-old father of two, would not be imprisoned but would be free on condition that he maintains good conduct.
The court found Karanja guilty of manslaughter after killing his cousin, Peter Muiruri, on the night of September 23 and 24, 2015, at Gachororo in Juja within Kiambu County.
According to the court, Karanja was provoked and did not plan to kill his cousin. He had been in remand for a year but was later released on bail.
Justice Kasango noted that there were no aggravating circumstances that led to the commission of the offence.
She considered the Canadian Criminal Code on sentencing, which states that the objective of sentencing is to promote a sense of responsibility in offenders and acknowledgment for the harm done to victims and to the community.
Justice Kasango ruled that the objective of sentencing Karanja should be one that promotes a sense of responsibility in him and to have him acknowledge the harm he has done.
She stated that the time Karanja spent in custody suffices as this Court's denunciation of the unlawful conduct.
Justice Kasango ruled that Karanja's conduct, while an over-reaction, appears to negative malice aforethought and to fall within the definition of provocation in Section 208 of the Penal Code.
