A man who lied at a Kiambu court that his wife had died while giving birth has been placed on probation for one year.
Timothy Kahendi Gakuria (30) lied to Kiambu Chief Magistrate Ms Patriciah Gichohi last week during his mitigation in a case in which he had been charged with driving a motorcycle while drunk.
The accused had appeared before CM Gichohi on October 7, 2020 during which he pleaded guilty to the offence.
He was charged that at about 16.35 hours along Ndumberi – Tinganga Road in Kiambu County, being the driver of motor vehicle Reg. Number KTWB 22H make Piaggio Tuktuk, he drove under the influence of alcohol and on testing using a breathalyzer, he was found to be 1.55 mg/L of breath against 0.00 mg/L for commercial vehicles.
WHEN HE WAS GIVEN AN OPPORTUNITY TO MITIGATE, HE SAID “I HAVE LOST MY WIFE AND WAS RUSHING HOME TO GO AND ATTEND TO MY TWO CHILDREN WHEN I CAUSED THE ACCIDENT. I WAS ALSO STRESSED AND I PLEAD FOR LENIENCY FROM THE COURT,” HE STATED.
At this point, the magistrate referred the case to the probation department which was instructed to interview him and advise the court if he was suitable for placement.
In a report which was presented to court by a probation officer Mr. Nyachae Mogambi, he stated that the accused readily admitted that on the material day he was found driving the said tricycle while under the influence of alcohol after he had hit a pedestrian along the said road.
Nyachae further stated in his report that he had interviewed the woman who had allegedly died while giving birth according the accused.
He says that he had consumed alcohol and was driving home and accidentally hit the said pedestrian whom he assisted to take to the hospital for medical check-up.
“YOUR HONOUR, THE ACCUSED BEFORE YOU IS 30 YEARS OLD AND THE SOLE BREAD WINNER OF HIS FAMILY. HE IS MARRIED TO VERONICA WAIRIMU AND THEY ARE BLESSED WITH TWO CHILDREN. HE IS REMORSEFUL TOWARDS THE OFFENCE AND PRAYS FOR LENIENCY FROM THIS COURT SAYING THAT HE WILL NOT REPEAT THE SAME MISTAKE AGAIN. ALL THE FAMILY MEMBERS INTERVIEWED TALKED WELL OF HIM SAYING THAT HE IS A SOCIAL, HARDWORKING AND RESPONSIBLE PERSON; BUT THE CONSUMPTION OF ALCOHOL HAS NEGATIVELY AFFECTED HIS BEHAVIOUR IN THE RECENT PAST.”
The accused confessed that he was dishonest during his mitigation and begs for forgiveness. He says that it was his first appearance in court and he was confused and driven by fear while mitigating. He also said that he thought that by being dishonest, the court would be lenient on him. However, he is sorry and promises never to repeat the same and hopes that the court will be lenient while sentencing him,” Nyachae said in his report.
“IN VIEW OF THE INFORMATION GATHERED, THE ACCUSED HAS A STRONG FAMILY SUPPORT SYSTEM AND IS NOT A THREAT IN THE COMMUNITY AS PER THE COMMENT FROM THE LOCAL ADMINISTRATION. THE ACCUSED COULD BENEFIT FROM A NON-CUSTODIAL SENTENCE TO ACT AS A FORM OF RETRIBUTION FOR HIS ACTIONS AND BEHAVIOUR.”
The officer added,
“A PROBATION SENTENCE IS HEREBY RECOMMENDED THROUGH WHICH THE PROBLEM OF ALCOHOL ABUSE CAN BE MANAGED AS WELL AS GUIDANCE ON OTHER RELATED ISSUES.”
Before passing her sentence, the magistrate asked where the wife was and she stood in court. “You are his wife and you are not dead?” She replied in the affirmative adding that the accused had lied to save his skin.
Ms. Gichohi asked her how she felt when she heard that her husband had killed her when she was still alive. She said she was not amused but pleaded for his leniency saying he had been drinking too much alcohol of late.