REPU
S E N T E N C E
1. The 2 accused persons herein Patrick Kimanzi and Josphat Juma were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on the 25th day of March 2023 at Total Energies, Mwembe Tayari Station, in Mvita Sub County, within Mombasa County, they murdered one Ahmed Ali Mane.
2. They were both convicted and court called for pre-sentence reports and victim impact statements and they were prepared and filed by Stephen Muthoka a Senior Probation Officer.
3. The 1st accused Patrick Mutunga Kimanzi worked as a supervisor in Total Energies petrol station Mwembe Tayari while his co accused worked as a mechanic in the same place. The deceased was accused of having stolen from the petrol station previously and was brought to petrol station to allegedly give light of the foregoing. The accused persons had paid for the lost items which caused them bitterness and overreacted to the situation at hand without involving the relevant authorities or even their supervisors.
4. The report shows that offenders take responsibility for the death of the deceased which they deeply regret. They both plead for leniency on sentencing, and that the court considers them for lesser sentences as they have learnt their lesson and are ready to lawfully handle issues at hand. It is the plea for the court to consider that they over reacted because they had to pay for the lost items from their meagre salary which is jacked with heavy responsibilities and which they work for in day and night shifts.
5. The deceased person’s family who are the secondary victims in this matter were not immediately traced as only identification numbers could be seen from the police file. The ODPP on behalf of the state the complainant however pleaded for court to serve justice to all parties on its own discretion considering the circumstances in which the offence was committed and the causes of the same.
6. In view of the foregoing, the Probation Office proposed that the 2 accused persons can be considered for lenient sentence including and not limited to a probation sentence for a period of 3 years .
7. I have looked at the reports filed by Mr. Muthoka. In as much as the 2 accused persons say they are remorseful, it is not lost at the court how the accused persons conducted themselves. They acted as a law unto themselves. When the deceased whom they accuse of having committed an offence of stealing some oil from them, was identified they set to look for him. Then then arrested him, and instead of taking him to the police they took him to their place of work.
8. It was there that they locked him up in the upstairs room from where they continued to mete out the severe beating.
9. The postmortem report showed that the deceased sustained injuries on the face right periorbital swelling. bruises on both the upper and lower limbs, the chests and back internally the cervical spine was dislocated C4 C5. This was some cruel and extensive beating that lasted almost the entire day.
10. The two then locked up the deceased in the office, warned others not to say anything and then went ahead to delete the CCTV footage so as to conceal their evil acts. Those acts of concealing the body and the evidence show that they had a criminal intent and they were not remorseful even after causing the loss of life.
11. It does not matter that their victim appears not to have had strong social ties or that he had committed an offence. A human being remains one and no one has the right to take the life away.
12. Therefore, to deter others who take the law into their own hands, the court will not be lenient as proposed by the Probation Officers.
13. The court sentences each of the 2 accused persons to a prison term of 15 years running from the date of the conviction 20/03/2025 since they had been out of bond.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 25th day of July 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
Mr. Weloba for A1
Mr. Oyas for A2
Mr. Ngiri for the Prosecution
Ms. Bebora – Court Assistant
HON. LADY JUSTICE W. K. MICHENI
JUDGE
S E N T E N C E
1. The 2 accused persons herein Patrick Kimanzi and Josphat Juma were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on the 25th day of March 2023 at Total Energies, Mwembe Tayari Station, in Mvita Sub County, within Mombasa County, they murdered one Ahmed Ali Mane.
2. They were both convicted and court called for pre-sentence reports and victim impact statements and they were prepared and filed by Stephen Muthoka a Senior Probation Officer.
3. The 1st accused Patrick Mutunga Kimanzi worked as a supervisor in Total Energies petrol station Mwembe Tayari while his co accused worked as a mechanic in the same place. The deceased was accused of having stolen from the petrol station previously and was brought to petrol station to allegedly give light of the foregoing. The accused persons had paid for the lost items which caused them bitterness and overreacted to the situation at hand without involving the relevant authorities or even their supervisors.
4. The report shows that offenders take responsibility for the death of the deceased which they deeply regret. They both plead for leniency on sentencing, and that the court considers them for lesser sentences as they have learnt their lesson and are ready to lawfully handle issues at hand. It is the plea for the court to consider that they over reacted because they had to pay for the lost items from their meagre salary which is jacked with heavy responsibilities and which they work for in day and night shifts.
5. The deceased person’s family who are the secondary victims in this matter were not immediately traced as only identification numbers could be seen from the police file. The ODPP on behalf of the state the complainant however pleaded for court to serve justice to all parties on its own discretion considering the circumstances in which the offence was committed and the causes of the same.
6. In view of the foregoing, the Probation Office proposed that the 2 accused persons can be considered for lenient sentence including and not limited to a probation sentence for a period of 3 years .
7. I have looked at the reports filed by Mr. Muthoka. In as much as the 2 accused persons say they are remorseful, it is not lost at the court how the accused persons conducted themselves. They acted as a law unto themselves. When the deceased whom they accuse of having committed an offence of stealing some oil from them, was identified they set to look for him. Then then arrested him, and instead of taking him to the police they took him to their place of work.
8. It was there that they locked him up in the upstairs room from where they continued to mete out the severe beating.
9. The postmortem report showed that the deceased sustained injuries on the face right periorbital swelling. bruises on both the upper and lower limbs, the chests and back internally the cervical spine was dislocated C4 C5. This was some cruel and extensive beating that lasted almost the entire day.
10. The two then locked up the deceased in the office, warned others not to say anything and then went ahead to delete the CCTV footage so as to conceal their evil acts. Those acts of concealing the body and the evidence show that they had a criminal intent and they were not remorseful even after causing the loss of life.
11. It does not matter that their victim appears not to have had strong social ties or that he had committed an offence. A human being remains one and no one has the right to take the life away.
12. Therefore, to deter others who take the law into their own hands, the court will not be lenient as proposed by the Probation Officers.
13. The court sentences each of the 2 accused persons to a prison term of 15 years running from the date of the conviction 20/03/2025 since they had been out of bond.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 25th day of July 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
Mr. Weloba for A1
Mr. Oyas for A2
Mr. Ngiri for the Prosecution
Ms. Bebora – Court Assistant
HON. LADY JUSTICE W. K. MICHENI
JUDGE