The accused person was charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code caps 63 laws of Kenya.
Particulars of the Offence: On the 28th day of March 2017 at Khoja flats in Majengo area in Mombasa Town within Mombasa County, jointly with others not before court murdered Peter Granton Mwanyika.
He was convicted on 22/05/2025 and the court called for both a victim impact report and a pre-sentence report. Mr. Stephen Muthoka a Senior Probation Officer filed the two. Mr. Magolo Senior then made oral submissions and the State relied on the two reports.
The victim impact statement shows that:
“The deceased was a 2nd born child in a family of two children. He was brought up in a single parent home and the mother passed on in the year 1995 while he was of very young age. He was therefore brought up by his maternal uncle namely Allan Kidadi a driver”. He was married and had one child.
The Reports shows that:
. The secondary victims were then identified to be his maternal uncle who was the guardian to the deceased. The others were his close cousins as presented from the family. The deceased elder brother Allan Kidadi lives in Nairobi and had not been following up over the matter as reported by the cousin Peter Kidadi. In summary the victim’s family during the first conference had hinted on alternative agreement with the accused persons family and/or compensation to be settled adding that they were willing to welcome the decision the honorable court would pass on the accused person. In their opinion the matter had taken quite a considerate time and that they had healed with time and did not wish a deeper discussion or revisit but things could be settled as they are”.
Mr. Magolo mitigated on behalf of the convict and he stated that:
The offender is a first offender. He is a young person less than 30 years old. He has a family with 3 children. First one 8 years and last one 7 months old. He is very sorry and he regrets the incidence which took the deceased’s life. He pointed out that the accused person did not touch the deceased but his actions of calling others led to the unfortunate death. It was a reaction to a theft. That though they do not condone the same it was what happened in the spur of the moment. He pointed out that the accused tried to take the deceased to the hospital and he called the police. He regretted his actions immediately.
That the death was in 2017 and the accused had attended court for 9 years. He had reflected and made a resolution to reform. He works with the County Gov’t of Mombasa with his family, he has reached out to the family of the deceased and even undertaken to educate the child of the deceased.
He was a first offender. He is very remorseful and he wants to make good. He is rehabilitated.
Punishment is meant to punish and rehabilitate. The 7-year-old trial has not duly punished him but he has also reached out to make good.
So, the purpose of the sentence has been met. The legislation gives a very wide scope in sentence. They include suspended sentence and other non-custodial sentence. A prison sentence will lead to loss of job and even loss of the child support the child of the deceased is getting.
He prayed for a non-custodial sentence”.
The report recommends that:
“The secondary victims during first interview were
co-operative and having healed with time and ready to welcome courts verdict in the matter at hand and the proposed reconciliation process between the two families after the verdict of the court. The family at the time of this inquiry, had already presumed the matter to had been concluded long time ago. In light of the above finding, this honorable can consider proposed, compensation agreed and reconciliation agreements and leniently sentence the accused person.
It recommends a 3 years’ probation sentence.
I have considered the circumstances of the offence. As pointed out, the accused person did not per se, actually participate in the actual act of assaulting the deceased. He is however, the one who raised the alarm that led to the unfortunate death.
I have considered that both the victim’s family’s and the community leaders have since forgiven him. He is remorseful. The community leadership through the area chief and the assistant chief were exclusively interviewed over the life and the conducts of the accused person and his close relatives. It was established that, there is no indication of rejection by any social group neither by the community members from the area of residence or Mombasa County at large. The accused person has equally been out of custody on bond since 2017 and no single incidence has been recorded on threat or interference on the case.
Accordingly, I sentence him as proposed in the report to a Probation sentence of 3 years and the family to continue with on going the reconciliation efforts through the Probation Office.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …22nd…day of …July… 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
The accused person and his advocate MR Magolo
Mr Ngiri for the state
Bebora court assistant
HON. LADY JUSTICE W. K. MICHENI
JUDGE
Particulars of the Offence: On the 28th day of March 2017 at Khoja flats in Majengo area in Mombasa Town within Mombasa County, jointly with others not before court murdered Peter Granton Mwanyika.
He was convicted on 22/05/2025 and the court called for both a victim impact report and a pre-sentence report. Mr. Stephen Muthoka a Senior Probation Officer filed the two. Mr. Magolo Senior then made oral submissions and the State relied on the two reports.
The victim impact statement shows that:
“The deceased was a 2nd born child in a family of two children. He was brought up in a single parent home and the mother passed on in the year 1995 while he was of very young age. He was therefore brought up by his maternal uncle namely Allan Kidadi a driver”. He was married and had one child.
The Reports shows that:
. The secondary victims were then identified to be his maternal uncle who was the guardian to the deceased. The others were his close cousins as presented from the family. The deceased elder brother Allan Kidadi lives in Nairobi and had not been following up over the matter as reported by the cousin Peter Kidadi. In summary the victim’s family during the first conference had hinted on alternative agreement with the accused persons family and/or compensation to be settled adding that they were willing to welcome the decision the honorable court would pass on the accused person. In their opinion the matter had taken quite a considerate time and that they had healed with time and did not wish a deeper discussion or revisit but things could be settled as they are”.
Mr. Magolo mitigated on behalf of the convict and he stated that:
The offender is a first offender. He is a young person less than 30 years old. He has a family with 3 children. First one 8 years and last one 7 months old. He is very sorry and he regrets the incidence which took the deceased’s life. He pointed out that the accused person did not touch the deceased but his actions of calling others led to the unfortunate death. It was a reaction to a theft. That though they do not condone the same it was what happened in the spur of the moment. He pointed out that the accused tried to take the deceased to the hospital and he called the police. He regretted his actions immediately.
That the death was in 2017 and the accused had attended court for 9 years. He had reflected and made a resolution to reform. He works with the County Gov’t of Mombasa with his family, he has reached out to the family of the deceased and even undertaken to educate the child of the deceased.
He was a first offender. He is very remorseful and he wants to make good. He is rehabilitated.
Punishment is meant to punish and rehabilitate. The 7-year-old trial has not duly punished him but he has also reached out to make good.
So, the purpose of the sentence has been met. The legislation gives a very wide scope in sentence. They include suspended sentence and other non-custodial sentence. A prison sentence will lead to loss of job and even loss of the child support the child of the deceased is getting.
He prayed for a non-custodial sentence”.
The report recommends that:
“The secondary victims during first interview were
co-operative and having healed with time and ready to welcome courts verdict in the matter at hand and the proposed reconciliation process between the two families after the verdict of the court. The family at the time of this inquiry, had already presumed the matter to had been concluded long time ago. In light of the above finding, this honorable can consider proposed, compensation agreed and reconciliation agreements and leniently sentence the accused person.
It recommends a 3 years’ probation sentence.
I have considered the circumstances of the offence. As pointed out, the accused person did not per se, actually participate in the actual act of assaulting the deceased. He is however, the one who raised the alarm that led to the unfortunate death.
I have considered that both the victim’s family’s and the community leaders have since forgiven him. He is remorseful. The community leadership through the area chief and the assistant chief were exclusively interviewed over the life and the conducts of the accused person and his close relatives. It was established that, there is no indication of rejection by any social group neither by the community members from the area of residence or Mombasa County at large. The accused person has equally been out of custody on bond since 2017 and no single incidence has been recorded on threat or interference on the case.
Accordingly, I sentence him as proposed in the report to a Probation sentence of 3 years and the family to continue with on going the reconciliation efforts through the Probation Office.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …22nd…day of …July… 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
The accused person and his advocate MR Magolo
Mr Ngiri for the state
Bebora court assistant
HON. LADY JUSTICE W. K. MICHENI
JUDGE