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JudgmentRepublic VS HOSKIN SAVATIA LIHANDA ALIAS TONNY ALIAS TOSH4 min read

Republic VS HOSKIN SAVATIA LIHANDA ALIAS TONNY ALIAS TOSH

High Court at Milimani High Court · · M. Muigai

PLEA BARGAINING AGREEMENT FILED ON 11 TH NOVEMBER 2025

INFORMATION

1. The Accused Person herein Hoskin Savatia Lihanda is charged with the offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code Cap.63 Laws of Kenya.

2. Particulars off the offence being that on the 26 th December 2023, at Mogas Hamza area in Kamukunji Sub County within Nairobi area the Accused person, unlawfully killed GRACE NYAMBURA WANJIRU.

The Plea Bargain Agreement was executed on 11 th November 2025 by:

1. The Accused person – Hoskin Savatia Lihanda

2. Ms Brenda Amunga Advocate for the Accused Person.

3. Ms Gikui Gichuhi, Head of Homicide ODPP and

4. Ms Roselyne Tum - Prosecution Counsel-ODPP

The charge was reduced from that of murder c/s 203 & 204 Penal Code filed on 12/1/2024 to lesser charge of Manslaughter c/s 202 & 205 of Penal Code on 18/2/2026

COURT PROCEEDINGS

On 7/5/2024, the Report from Dr Olando Consultant Psychologist from Mathari National Referral Hospital dated 5/3/2024 he found the Accused person FIT TO PLEAD.

On 27/11/2024, the Defense Counsel for Accused person requested pursuit of Plea Bargain with/through ODPP, culminating with the instant Plea Bargain Agreement duly executed by all parties on 11/11/2025.

Information/charge was read to the Accused person vide the charge read in Kiswahili.

The statement of offence and particulars of offence read in Kiswahili by ODPP - Ms. Tum to the Accused Person in Kiswahili

Accused - Ni kweli - I admit the charge.

FACTS:

Ms Tum ODPP: facts in open court.

The accused person Hoskim Savatia Lihanda and Grace Wanjiru Nyambura cohabited together as man and wife.

In November 2023 Praxides Jedida Wanjiru confirmed she had not seen or heard from her sister (deceased). When she met her sister Praxides, she noticed when her sister visited, she noticed she had a swollen face, injuries on the right eye and injuries on the leg. The deceased told her sister that the accused person shaved her hair with a knife and but beat her up. Praxides talked with the Accused and the matter was resolved.

On 26 December 2023, Praxides met with the accused and deceased at Pub in Hamza Area. The accused wore white jeans, white cap and white Sports shoes. The deceased left the pub and went with Mariam Nambozo to town.

.The accused asked Susan Karura Kanyi where deceased was. The accused said “Na ujua leo kuna mtu atamwaga damu”.The deceased came and went home with accused, from the pub.

On 27/12/2023 the accused came back from work and found the house locked while deceased was in. He reported to Jogoo Police Station OB No. 30/27/12/2023.

The accused was accompanied by village elder Mr Peter Mwangi to the house. The Accused pushed the door with his leg and on entering found deceased died. The police from Jogoo Police Station and DCI Buruburu came and found the deceased with injuries in the body, swollen face and blood oozing from the ears.

Upon searching the house, blood stains were in the floor, bed sheet with blood white jean long trouser had blood the accused had the previous day and had blood was on white sports shoes and a broken piece of wood with blood stains was recovered outside the house near the chicken coop.

CPL Roselyne Opondo noticed that there was no forced entry to the house as alleged by the by Accused. The body of the deceased person was moved to City Mortuary. The accused was arrested and charged with the offence at Makadara Law Courts.

On 29/12/2023 Praxidies Jedida Wanjiru and Jane Watiri Wanjiru identified deceased body and post mortem was conducted and it was established that the deceased died from head injury due to blunt force object.

The body had multiple wounds and abrasions and lacerations from blunt object.

Post mortem report- Exhibit 1.

Accused: I understand the facts as read in English.

Gladys Court Clerk explains Section 137 Criminal Procedure Code and the accused herein was not threatened, induce or forced to enter the plea bargain.

Accused person states in Kiswahili-‘Ni ukweli’ translated-

The facts as read are true.

COURT

The Court enters plea of guilty on the lesser offence of manslaughter under Section 202 and 205 Penal Code as pleaded guilty for charge and facts as read by ODPP.

This Court is satisfied the Plea Agreement was voluntary as the Accused person took plea in Court and admitted the reduced charge. The facts were read to him in Court and he admitted the facts. The Court asked the Accused if he was coerced influenced or intimidated to plea bargain and informed Court it was voluntary. The accused was within his rights as spelt out by Section 137 CPC and therefore plea bargained to the lesser charge of manslaughter.

VICTIM FAMILY VIEWS

JOYCE OLISA ID 20025774 I live in Hamza now I had moved to Jericho- Jogoo Road.Grace Nyambura Wanjiru was my 3 rd child/daughter. She is my cousin.I was informed that the accused person has changed the plea. I am in pain. The accused left 4 children, 3 daughters and 1 boy (in court).

Joseph Minai- 1 st born.

Nugal Nyambura- 2 nd born.

Nancy Apondi- 3 rd born.

Shunzi Munai- 4 th born.

The children are in court and they are suffering. We want the accused person to proceed with the case. He killed my cousin and he left the daughter/cousin.

PRAXIDES WANJIRU ID 21830544

The late Grace Nyambura Wanjiru deceased was my younger sister-the deceased was our hope and she left and she helped us and got food and clothing shelter and we went through a lot when she died. I am of the opinion that the case goes on.

Ms Tum ODPP : The issued raised by the family of the deceased. I will give the way forward regarding the plea Agreement.

PRE-SENTENCE PROCEEDINGS ON 4/5/2026

HIGH COURT CRIMINAL CASE E005/2024 PB 2
    Republic VS HOSKIN SAVATIA LIHANDA ALIAS TONNY ALIAS TOSH Republic VS HOSKIN SAVATIA LIHANDA ALIAS TONNY ALIAS TOSH