SENTENCE
1. The accused herein, Rukia Khamisi Rashid, was charged with the offence of
murder contrary to Section 203 as read with Section 204 of the Penal Code which
was subsequently reduced to manslaughter contrary to section 202 of the Penal
Code as read with section 205 after a plea agreement executed on 26 th February, 2026.
2. The particulars of the offence are that on the 29 th January, 2024 at Kongo Boys
at Mwembe Tayari in Mombasa County, unlawfully killed Khamisi Said Rashid.
3. The is Pre-Sentence Inquiry Report prepared and filed in Court by Ms. Lydia Ngigi Principal Probation Officer.
4. The accused’s advocate Ms. Sindiyu submitted on mitigation that the family of the accused seeks leniency due to the status of mind and that she should be remanded and/detained in institution where she can be treated before she is released back to the community.
5. It was narrated in the Plea agreement that midstream the accused tertiary studies she developed mental illness that led to her discontinuing school. She has been severally admitted due to her mental challenges and placed on treatment of the same.
6. From the treatment and/or medical notes on record the diagnosis is that the accused suffers schizoaffective disorder with history of aggressiveness, violence, religious delusions and hallucinations for years.
7. Mr. Sirima, for the prosecution emphasized on the objective of rehabilitation and stated that the family was willing to receive her back as long as she is treated and certified safe. Reference was made to the Pre- Sentencing Report where it was assessed that there was high risk of re-offending. It was recommended that the accused should be admitted to rehabilitation institution where she is closely monitored and treated.
8. Sentencing is an exercise of the Court’s discretion. The Court is guided by the Constitution, any other relevant laws on sentencing and the 2016 Judiciary of Kenya Sentencing Policy Guidelines.
9. Despite the importance of the guidelines, sentencing remains the exercise of judicial jurisdiction as was expressed by the Supreme Court in Francis Karioko Muruatetu & Another -V- Republic (2017) eKLR where the Court held: -
“(72) we wish to make it very clear that these guidelines in no way
replace judicial discretion. They are advisory and not mandatory. They
are geared to promoting consistency and transparency in sentencing
hearings. They are also aimed at promoting public understanding of the
sentencing process”.
10. Page 15, paragraph 4.1 of the Sentencing Policy Guidelines provides as follows: -
(i) Retribution: to punish the offender for his/her criminal conduct in a
just manner;
(ii) Deterrence; to deter the offender from committing a similar
offence subsequently as well as to discourage other people from
committing similar offences;
(iii) Rehabilitation; to enable the offender reform from his/her
criminal disposition and become a law-abiding person;
(iv) Restorative justice; to address the needs arising from the
criminal conduct such as loss and damages;
(v) Community Protection; to police the community by incapacitating
the offender.
(vi) Denunciation; to communicate the community’s condemnation of
the criminal conduct.
(vii) Reconciliation; to mend the relationship between the offender
the victim and the community
(viii) Reintegration; To facilitate the re-entry of the offender into the
society.
11. The Plea Bargain agreement paints a picture of how unstable the accused is at one point it is said she attempted to commit suicide by drinking acid and trying to jump from the balcony. This only goes to show how mentally unstable the accused is, she is a threat to both herself and the people around her.
12. It is extremely unfortunate that a father had to lose his life in the hands of his own daughter is such a horrific manner. The pain that the family is undergoing is undeniable, they have to deal with the death and loss of head of the house and at the same time come to terms with the fact that their daughter who did not have the capacity to understand what she was doing is to be face the law.
13. Having taken mitigation into account, the mental state of the offender, the presentencing report and the circumstances surrounding the commission of the offence this court hereby:
I. Makes a special finding that the accused did the act charged but she was insane at the time she did it.
II. That the accused is to be taken hospital for medical treatment where she is to remain until such time as a psychiatrist in charge of the hospital certifies that she is no longer a danger to society or to herself. THE PROBATION DEPRTMENT TO CONFIRM AVAILABITY OF THE TREATMENT FACILITY .
III. The Registrar of the Court to send a copy of the Judgment for the attention of the Attorney General.
MENTION ON 28.09.2026
DELIVERED, DATED and SIGNED at MOMBASA on 30 th day of JULY 2026.
WENDY.K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA
2
1. The accused herein, Rukia Khamisi Rashid, was charged with the offence of
murder contrary to Section 203 as read with Section 204 of the Penal Code which
was subsequently reduced to manslaughter contrary to section 202 of the Penal
Code as read with section 205 after a plea agreement executed on 26 th February, 2026.
2. The particulars of the offence are that on the 29 th January, 2024 at Kongo Boys
at Mwembe Tayari in Mombasa County, unlawfully killed Khamisi Said Rashid.
3. The is Pre-Sentence Inquiry Report prepared and filed in Court by Ms. Lydia Ngigi Principal Probation Officer.
4. The accused’s advocate Ms. Sindiyu submitted on mitigation that the family of the accused seeks leniency due to the status of mind and that she should be remanded and/detained in institution where she can be treated before she is released back to the community.
5. It was narrated in the Plea agreement that midstream the accused tertiary studies she developed mental illness that led to her discontinuing school. She has been severally admitted due to her mental challenges and placed on treatment of the same.
6. From the treatment and/or medical notes on record the diagnosis is that the accused suffers schizoaffective disorder with history of aggressiveness, violence, religious delusions and hallucinations for years.
7. Mr. Sirima, for the prosecution emphasized on the objective of rehabilitation and stated that the family was willing to receive her back as long as she is treated and certified safe. Reference was made to the Pre- Sentencing Report where it was assessed that there was high risk of re-offending. It was recommended that the accused should be admitted to rehabilitation institution where she is closely monitored and treated.
8. Sentencing is an exercise of the Court’s discretion. The Court is guided by the Constitution, any other relevant laws on sentencing and the 2016 Judiciary of Kenya Sentencing Policy Guidelines.
9. Despite the importance of the guidelines, sentencing remains the exercise of judicial jurisdiction as was expressed by the Supreme Court in Francis Karioko Muruatetu & Another -V- Republic (2017) eKLR where the Court held: -
“(72) we wish to make it very clear that these guidelines in no way
replace judicial discretion. They are advisory and not mandatory. They
are geared to promoting consistency and transparency in sentencing
hearings. They are also aimed at promoting public understanding of the
sentencing process”.
10. Page 15, paragraph 4.1 of the Sentencing Policy Guidelines provides as follows: -
(i) Retribution: to punish the offender for his/her criminal conduct in a
just manner;
(ii) Deterrence; to deter the offender from committing a similar
offence subsequently as well as to discourage other people from
committing similar offences;
(iii) Rehabilitation; to enable the offender reform from his/her
criminal disposition and become a law-abiding person;
(iv) Restorative justice; to address the needs arising from the
criminal conduct such as loss and damages;
(v) Community Protection; to police the community by incapacitating
the offender.
(vi) Denunciation; to communicate the community’s condemnation of
the criminal conduct.
(vii) Reconciliation; to mend the relationship between the offender
the victim and the community
(viii) Reintegration; To facilitate the re-entry of the offender into the
society.
11. The Plea Bargain agreement paints a picture of how unstable the accused is at one point it is said she attempted to commit suicide by drinking acid and trying to jump from the balcony. This only goes to show how mentally unstable the accused is, she is a threat to both herself and the people around her.
12. It is extremely unfortunate that a father had to lose his life in the hands of his own daughter is such a horrific manner. The pain that the family is undergoing is undeniable, they have to deal with the death and loss of head of the house and at the same time come to terms with the fact that their daughter who did not have the capacity to understand what she was doing is to be face the law.
13. Having taken mitigation into account, the mental state of the offender, the presentencing report and the circumstances surrounding the commission of the offence this court hereby:
I. Makes a special finding that the accused did the act charged but she was insane at the time she did it.
II. That the accused is to be taken hospital for medical treatment where she is to remain until such time as a psychiatrist in charge of the hospital certifies that she is no longer a danger to society or to herself. THE PROBATION DEPRTMENT TO CONFIRM AVAILABITY OF THE TREATMENT FACILITY .
III. The Registrar of the Court to send a copy of the Judgment for the attention of the Attorney General.
MENTION ON 28.09.2026
DELIVERED, DATED and SIGNED at MOMBASA on 30 th day of JULY 2026.
WENDY.K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA
2