1. The Accused person was charged with Murder contrary to Section 203 as read with 204 of the Penal Code and he pleaded “Not Guilty”.
2. When the hearing started, he made an application through his advocate MS Gwahalla and he requested for a plea bargain. The application was considered and acceded to by the ODPP and subsequently, he and pleaded guilty to the offence of manslaughter contrary to Section 202(1) as read with Section 205 of the Penal Code based on the fact that he did not have an intention to harm the deceased.
3. The court then called for a pre sentence report and it was prepared. it captures the history , the relationship with the deceased and recommendations.
THE FACTS
4. The Accused is a 48-year-old male adult of sound mind, a father of two children, aged 9 and 16 years. The events leading to this case were not premeditated. Both the Accused and the Deceased were under the influence of alcohol, and the incident resulted from intoxication that spiraled out of control. The accused had no intention to cause harm.
5. The accused lived with Mr. Philip Maina Wanjiru (the deceased) in the Cool View area of Mtwapa Township, Kilifi South Sub County, within Kilifi County. Although Mr. Maina was the tenant, both the accused and Mr. Maina shared the household expenses equally. On or about 23rd August, 2023, the two were having dinner after a drinking session. After Mr. Maina escorted his girlfriend, an argument ensued inside the house. During the altercation, Mr. Maina locked the accused inside the house. Trapped and agitated, the accused began banging the door to escape. He managed to obtain a piece of wood and broke the door down. In his highly intoxicated state, he inadvertently knocked down Mr. Maina, who was standing by the staircase. Unfortunately, Mr. Maina fell from the first floor, sustaining injuries.
6. In shock, the accused rushed outside to seek help to take Mr. Maina to the hospital. By the time he returned, the police had arrived and transported Mr. Maina to Mtwapa Health Centre for first aid before transferring him to Coast General Hospital for further treatment. The accused attempted to visit Mr. Maina at the hospital but was informed that he was in the Intensive Care Unit and could not receive visitors. While having lunch at a cafe, the accused was attacked by an angry mob who had learned that Mr. Maina had passed away. The police rescued him, and he was later charged with murder, contrary to Section 203 as read with Section 204 of the Penal Code.
7. Mr. Maina was transferred from Mtwapa Health Centre to Coast General Hospital, where he succumbed to his injuries in the ICU. A post-mortem was conducted at Coast General Hospital. Police officers, including PC Mailu David, OC Crime Peter Muthaa, and PC Muturi, visited the crime scene and recorded statements from 12 prosecution witnesses, including the accused. An exhibit, a piece of wood, was recovered during investigations.
8. It is worth knowing that the accused attempted to visit the deceased in the hospital before his arrest, further emphasizing his regret and concern. Since his detention on 23rd August, 2023, the accused has exhibited good behavior while in custody, reinforcing his commitment to reform.
SUBMISSIONS
9. The defence cited the objectives of sentencing as per the Judiciary of Kenya Sentencing Policy Guidelines number 4.1 as mentioned in Republic Vs Sarah Mutete Matheka (2018) eKLR as follows: -
a. Retribution: to punish the offender for his/her criminal conduct in a just manner.
b. Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.
c. Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law-abiding person.
d. Restorative justice: to address the needs arising from the criminal conduct such as loss and damages.
e. Community protection: to protect the community by incapacitating the offender.
f. Denunciation: to communicate the community's condemnation of the criminal conduct.
10. They asked the court to take into account the accused's deep remorse, his cooperative attitude, and his role as a father who bears responsibility for his children. The accused acknowledges the seriousness of his actions and is prepared to embrace rehabilitation. That the court NOTES the accused's character and his efforts towards rehabilitation IN passing sentence.
11. They relied on the case of Republic Vs Sarah Mutete Matheka (2018) eKLR (Supra) where the charge of murder was reduced to manslaughter and the convict was sentenced to three-year probation period. Additionally, on the case of Republic v Daniel Okello Rapuch [2017] eKLR whereby a sentence of 12 months imprisonment was met out on a man accused of killing another on allegation in an illicit love affair with his girlfriend. we humbly pray for a lenient .
Determination
12. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. He pleaded "Not Guilty" initially and later entered into a plea bargain, pleading guilty to manslaughter. From the outset, the accused has shown deep remorse for his actions. He has been cooperative throughout the proceedings, attending all hearings and fully complying with the court process. His willingness to pursue a plea bargain, thereby accepting the manslaughter charge, demonstrates his understanding of the gravity of the situation and his desire to save the court's time on lengthy litigation.
13. I have noted the mitigation, the fact that there was no malice and the death was accidental. Further the accused person is a first offender and very remorseful. He reached out to the victim’s family to make peace and also sought a plea bargain . The judiciary has been preaching been promoting the multi door approach including plea bargain and restorative Justice .Towards this end I commend both the defence through Ms Gloria Gwahalla and Mr. Ngiri for taking the initiative.
14. Taking a cue from the authority in Republic Vs Sarah Mutete Matheka (2018) eKLR (Sup ra) I hereby sentence the accused person to a probation sentence of three (3)years.
15. It is so ordered.
Dated signed and delivered this 15th day of MAY 2025.
WENDY KAGENDO
JUDGE
IN THE PRESENCE OF
THE ACCUSED PERSON AND HIS ADVOCATE MS GWAHALLA
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
2. When the hearing started, he made an application through his advocate MS Gwahalla and he requested for a plea bargain. The application was considered and acceded to by the ODPP and subsequently, he and pleaded guilty to the offence of manslaughter contrary to Section 202(1) as read with Section 205 of the Penal Code based on the fact that he did not have an intention to harm the deceased.
3. The court then called for a pre sentence report and it was prepared. it captures the history , the relationship with the deceased and recommendations.
THE FACTS
4. The Accused is a 48-year-old male adult of sound mind, a father of two children, aged 9 and 16 years. The events leading to this case were not premeditated. Both the Accused and the Deceased were under the influence of alcohol, and the incident resulted from intoxication that spiraled out of control. The accused had no intention to cause harm.
5. The accused lived with Mr. Philip Maina Wanjiru (the deceased) in the Cool View area of Mtwapa Township, Kilifi South Sub County, within Kilifi County. Although Mr. Maina was the tenant, both the accused and Mr. Maina shared the household expenses equally. On or about 23rd August, 2023, the two were having dinner after a drinking session. After Mr. Maina escorted his girlfriend, an argument ensued inside the house. During the altercation, Mr. Maina locked the accused inside the house. Trapped and agitated, the accused began banging the door to escape. He managed to obtain a piece of wood and broke the door down. In his highly intoxicated state, he inadvertently knocked down Mr. Maina, who was standing by the staircase. Unfortunately, Mr. Maina fell from the first floor, sustaining injuries.
6. In shock, the accused rushed outside to seek help to take Mr. Maina to the hospital. By the time he returned, the police had arrived and transported Mr. Maina to Mtwapa Health Centre for first aid before transferring him to Coast General Hospital for further treatment. The accused attempted to visit Mr. Maina at the hospital but was informed that he was in the Intensive Care Unit and could not receive visitors. While having lunch at a cafe, the accused was attacked by an angry mob who had learned that Mr. Maina had passed away. The police rescued him, and he was later charged with murder, contrary to Section 203 as read with Section 204 of the Penal Code.
7. Mr. Maina was transferred from Mtwapa Health Centre to Coast General Hospital, where he succumbed to his injuries in the ICU. A post-mortem was conducted at Coast General Hospital. Police officers, including PC Mailu David, OC Crime Peter Muthaa, and PC Muturi, visited the crime scene and recorded statements from 12 prosecution witnesses, including the accused. An exhibit, a piece of wood, was recovered during investigations.
8. It is worth knowing that the accused attempted to visit the deceased in the hospital before his arrest, further emphasizing his regret and concern. Since his detention on 23rd August, 2023, the accused has exhibited good behavior while in custody, reinforcing his commitment to reform.
SUBMISSIONS
9. The defence cited the objectives of sentencing as per the Judiciary of Kenya Sentencing Policy Guidelines number 4.1 as mentioned in Republic Vs Sarah Mutete Matheka (2018) eKLR as follows: -
a. Retribution: to punish the offender for his/her criminal conduct in a just manner.
b. Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.
c. Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law-abiding person.
d. Restorative justice: to address the needs arising from the criminal conduct such as loss and damages.
e. Community protection: to protect the community by incapacitating the offender.
f. Denunciation: to communicate the community's condemnation of the criminal conduct.
10. They asked the court to take into account the accused's deep remorse, his cooperative attitude, and his role as a father who bears responsibility for his children. The accused acknowledges the seriousness of his actions and is prepared to embrace rehabilitation. That the court NOTES the accused's character and his efforts towards rehabilitation IN passing sentence.
11. They relied on the case of Republic Vs Sarah Mutete Matheka (2018) eKLR (Supra) where the charge of murder was reduced to manslaughter and the convict was sentenced to three-year probation period. Additionally, on the case of Republic v Daniel Okello Rapuch [2017] eKLR whereby a sentence of 12 months imprisonment was met out on a man accused of killing another on allegation in an illicit love affair with his girlfriend. we humbly pray for a lenient .
Determination
12. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. He pleaded "Not Guilty" initially and later entered into a plea bargain, pleading guilty to manslaughter. From the outset, the accused has shown deep remorse for his actions. He has been cooperative throughout the proceedings, attending all hearings and fully complying with the court process. His willingness to pursue a plea bargain, thereby accepting the manslaughter charge, demonstrates his understanding of the gravity of the situation and his desire to save the court's time on lengthy litigation.
13. I have noted the mitigation, the fact that there was no malice and the death was accidental. Further the accused person is a first offender and very remorseful. He reached out to the victim’s family to make peace and also sought a plea bargain . The judiciary has been preaching been promoting the multi door approach including plea bargain and restorative Justice .Towards this end I commend both the defence through Ms Gloria Gwahalla and Mr. Ngiri for taking the initiative.
14. Taking a cue from the authority in Republic Vs Sarah Mutete Matheka (2018) eKLR (Sup ra) I hereby sentence the accused person to a probation sentence of three (3)years.
15. It is so ordered.
Dated signed and delivered this 15th day of MAY 2025.
WENDY KAGENDO
JUDGE
IN THE PRESENCE OF
THE ACCUSED PERSON AND HIS ADVOCATE MS GWAHALLA
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT