REPUBLIC OF KENYA
BACKGROUND
1. This ruling concerns the sentence to be imposed following the conviction of the accused person for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the offence were that on 19th September 2023 at Maugunja Village in Kisauni Sub-County within Mombasa County, the accused murdered Zilpa Habwoyo Kombo.
3. Pursuant to the directions of this Court, a Victim Impact Statement (VIS) and a Pre-Sentence Investigation Report (PSR) were prepared and filed by the Probation Department.
4. Learned counsel Mr. Khamisi appeared for the accused and advanced mitigation. Counsel submitted that the convict is youthful and a first offender. He further submitted that the convict had accepted responsibility for the offence and had expressed willingness to enter into a plea agreement. Counsel urged the Court to consider that the deceased was the convict's mother, with whom he allegedly enjoyed a close relationship, and that he did not set out with the intention of killing her but acted during an altercation.
5. Learned Prosecution Counsel, Ms. Cherop, relied on the contents of the Victim Impact Statement and the Pre-Sentence Report.
LEGAL FRAMEWORK
6. Sentencing remains a judicial function to be exercised within the framework of the law, the Constitution, the Sentencing Policy Guidelines and established jurisprudence. While the Sentencing Policy Guidelines provide useful guidance, they do not fetter judicial discretion. See Francis Karioko Muruatetu & Another v Republic [2017] KESC 2 (KLR).
7. The objectives of sentencing include retribution, deterrence, rehabilitation, denunciation, restorative justice, community protection and accountability for unlawful conduct. See Dismas Wafula Kilwake v Republic [2019] KECA 5 (KLR).
FINDINGS OF FACT
8. The Court has carefully considered the evidence on record, the mitigation, the Victim Impact Statement and the Pre-Sentence Investigation Report.
9. The Pre-Sentence Report reveals that the convict did not complete secondary education, possesses no vocational training, and survives through informal engagements including motorcycle riding.
10. More significantly, the report paints a disturbing picture of the convict's relationship with his family. It reveals a longstanding pattern of aggression, threats, intimidation and disregard for authority within the household. The convict is reported to have routinely threatened family members, stolen household property and livestock, and created an atmosphere of fear within the home.
11. The report further discloses that the convict's father had repeatedly expressed concern regarding his son's truancy, indiscipline and increasingly erratic conduct. However, being the last-born child, the deceased mother appears to have been protective of him and frequently intervened on his behalf. This Court does not cast blame upon the deceased for the tragic events that followed. A mother's instinct to protect and support her child is natural and deeply human. Nevertheless, this case serves as a sobering reminder that persistent misconduct, criminal tendencies and substance abuse should never be ignored or concealed. Early intervention, discipline and accountability remain indispensable tools in preventing criminal behaviour from taking root and flourishing.
12. The evidence demonstrates that despite the deceased's continued support and protection, the convict ultimately turned his violence upon the very person who had stood by him.
13. The Court finds considerable irony in the mitigation advanced on behalf of the convict that he loved his mother and was close to her. Genuine love is demonstrated through care, respect and protection. It is difficult to reconcile professions of affection with the brutal conduct that led to the deceased's death. The deceased was not a stranger, an adversary or an aggressor. She was his mother. Yet she became the victim of a violent assault at the hands of the very son she had nurtured, defended and supported.
14. The circumstances of this offence demonstrate not a momentary lapse alone, but a culmination of a troubling pattern of violence, intimidation and disregard for the wellbeing of those closest to him.
15. The Pre-Sentence Report further indicates that during interviews, the convict displayed little genuine remorse and instead appeared inclined to shift blame to the deceased for intervening during a confrontation. The Probation Officer consequently recommended a lengthy custodial sentence to allow healing within the family and to safeguard surviving family members.
16. The Victim Impact Statement vividly captures the profound devastation occasioned by the offence. The deceased was the emotional and economic pillar of her family. Her death has left her children traumatised, fearful and uncertain about the future.
17. The Court notes with particular concern that some of the convict's siblings continue to express fear of him and believe that he may retaliate against family members if released. Such fears cannot be lightly dismissed by the Court.
18. The reports further indicate that the convict has a history of hard drug and substance abuse, a factor which appears to have contributed significantly to his deteriorating conduct and strained family relationships.
AGGRAVATING AND MITIGATING FACTORS
19. In Michael Kathewa Laichena & Another v Republic [2018] eKLR, the Court emphasised the importance of weighing aggravating and mitigating circumstances in arriving at a just sentence.
20. The Court finds only limited mitigation in favour of the convict, namely:
a) He is a first offender.
b) He is relatively youthful.
21. However, the Court is unable to accord significant weight to the alleged remorse. True remorse is demonstrated through acceptance of responsibility, empathy for the victim and recognition of wrongdoing. The material before the Court does not reveal such genuine contrition.
22. The aggravating factors are numerous and compelling:
a) The victim was the convict's own mother.
b) The offence was committed against a person who had consistently supported and protected him.
c) The offence followed a history of threats, aggression and intimidation directed at family members.
d) The offence has left surviving siblings traumatised and fearful.
e) The convict has a history of substance abuse.
f) The offence has deprived the family of its principal emotional and economic pillar.
g) The impact of the offence upon the family continues to be profound and enduring.
23. The aggravating circumstances overwhelmingly outweigh the mitigating factors.
APPLICATION OF SENTENCING PRINCIPLES
24. The Court has considered the objectives of sentencing, including punishment, deterrence, rehabilitation, denunciation and protection of society.
25. The Court has equally considered the constitutional principles articulated in Francis Karioko Muruatetu & Another v Republic and Dismas Wafula Kilwake v Republic.
26. While rehabilitation remains an important objective, the Court must also consider the seriousness of the offence, the need to protect vulnerable family members and the need to communicate society's unequivocal condemnation of violence within the family unit.
27. Matricide ranks among the gravest manifestations of domestic violence. A mother-child relationship is founded upon trust, care and protection. When such trust is violated through lethal violence, the law must respond firmly and proportionately.
DECISION ON SENTENCE
28. Having considered all the circumstances of this case, the Victim Impact Statement, the Pre-Sentence Investigation Report, the mitigation advanced, the aggravating factors, the applicable law and the objectives of sentencing, this Court is satisfied that a substantial custodial sentence is warranted.
29. The manner in which the deceased lost her life, the lifelong trauma inflicted upon the surviving siblings, the devastating emotional and financial consequences suffered by the family, the convict's history of violence and substance abuse, and the absence of genuine remorse compel the conclusion that only a lengthy custodial sentence will adequately serve the interests of justice.
30. Accordingly, the accused, PATRICK MBOGO KONDE, is hereby sentenced to THIRTY (30) YEARS IMPRISONMENT.
31. The sentence shall run from 21st November 2023, being the date on which the accused was first arraigned before this Court.
RIGHT OF APPEAL
32. The accused is informed of his right to appeal against both conviction and sentence to the Court of Appeal within the prescribed timelines.
33. The accused is further informed of his right to seek legal aid and, where necessary, to apply for an extension of time to lodge an appeal.
34. Copies of the proceedings, judgment, and ruling be made available to the defence
35. It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 4TH DAY OF JUNE 2026.
Ruling delivered through the Microsoft Teams Online Platform.
HON. LADY JUSTICE WENDY K. MICHENI
JUDGE
In the Presence of:
The Accused
Mr. Sirima State Counsel
Ms. Bebora — Court Assistant
BACKGROUND
1. This ruling concerns the sentence to be imposed following the conviction of the accused person for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the offence were that on 19th September 2023 at Maugunja Village in Kisauni Sub-County within Mombasa County, the accused murdered Zilpa Habwoyo Kombo.
3. Pursuant to the directions of this Court, a Victim Impact Statement (VIS) and a Pre-Sentence Investigation Report (PSR) were prepared and filed by the Probation Department.
4. Learned counsel Mr. Khamisi appeared for the accused and advanced mitigation. Counsel submitted that the convict is youthful and a first offender. He further submitted that the convict had accepted responsibility for the offence and had expressed willingness to enter into a plea agreement. Counsel urged the Court to consider that the deceased was the convict's mother, with whom he allegedly enjoyed a close relationship, and that he did not set out with the intention of killing her but acted during an altercation.
5. Learned Prosecution Counsel, Ms. Cherop, relied on the contents of the Victim Impact Statement and the Pre-Sentence Report.
LEGAL FRAMEWORK
6. Sentencing remains a judicial function to be exercised within the framework of the law, the Constitution, the Sentencing Policy Guidelines and established jurisprudence. While the Sentencing Policy Guidelines provide useful guidance, they do not fetter judicial discretion. See Francis Karioko Muruatetu & Another v Republic [2017] KESC 2 (KLR).
7. The objectives of sentencing include retribution, deterrence, rehabilitation, denunciation, restorative justice, community protection and accountability for unlawful conduct. See Dismas Wafula Kilwake v Republic [2019] KECA 5 (KLR).
FINDINGS OF FACT
8. The Court has carefully considered the evidence on record, the mitigation, the Victim Impact Statement and the Pre-Sentence Investigation Report.
9. The Pre-Sentence Report reveals that the convict did not complete secondary education, possesses no vocational training, and survives through informal engagements including motorcycle riding.
10. More significantly, the report paints a disturbing picture of the convict's relationship with his family. It reveals a longstanding pattern of aggression, threats, intimidation and disregard for authority within the household. The convict is reported to have routinely threatened family members, stolen household property and livestock, and created an atmosphere of fear within the home.
11. The report further discloses that the convict's father had repeatedly expressed concern regarding his son's truancy, indiscipline and increasingly erratic conduct. However, being the last-born child, the deceased mother appears to have been protective of him and frequently intervened on his behalf. This Court does not cast blame upon the deceased for the tragic events that followed. A mother's instinct to protect and support her child is natural and deeply human. Nevertheless, this case serves as a sobering reminder that persistent misconduct, criminal tendencies and substance abuse should never be ignored or concealed. Early intervention, discipline and accountability remain indispensable tools in preventing criminal behaviour from taking root and flourishing.
12. The evidence demonstrates that despite the deceased's continued support and protection, the convict ultimately turned his violence upon the very person who had stood by him.
13. The Court finds considerable irony in the mitigation advanced on behalf of the convict that he loved his mother and was close to her. Genuine love is demonstrated through care, respect and protection. It is difficult to reconcile professions of affection with the brutal conduct that led to the deceased's death. The deceased was not a stranger, an adversary or an aggressor. She was his mother. Yet she became the victim of a violent assault at the hands of the very son she had nurtured, defended and supported.
14. The circumstances of this offence demonstrate not a momentary lapse alone, but a culmination of a troubling pattern of violence, intimidation and disregard for the wellbeing of those closest to him.
15. The Pre-Sentence Report further indicates that during interviews, the convict displayed little genuine remorse and instead appeared inclined to shift blame to the deceased for intervening during a confrontation. The Probation Officer consequently recommended a lengthy custodial sentence to allow healing within the family and to safeguard surviving family members.
16. The Victim Impact Statement vividly captures the profound devastation occasioned by the offence. The deceased was the emotional and economic pillar of her family. Her death has left her children traumatised, fearful and uncertain about the future.
17. The Court notes with particular concern that some of the convict's siblings continue to express fear of him and believe that he may retaliate against family members if released. Such fears cannot be lightly dismissed by the Court.
18. The reports further indicate that the convict has a history of hard drug and substance abuse, a factor which appears to have contributed significantly to his deteriorating conduct and strained family relationships.
AGGRAVATING AND MITIGATING FACTORS
19. In Michael Kathewa Laichena & Another v Republic [2018] eKLR, the Court emphasised the importance of weighing aggravating and mitigating circumstances in arriving at a just sentence.
20. The Court finds only limited mitigation in favour of the convict, namely:
a) He is a first offender.
b) He is relatively youthful.
21. However, the Court is unable to accord significant weight to the alleged remorse. True remorse is demonstrated through acceptance of responsibility, empathy for the victim and recognition of wrongdoing. The material before the Court does not reveal such genuine contrition.
22. The aggravating factors are numerous and compelling:
a) The victim was the convict's own mother.
b) The offence was committed against a person who had consistently supported and protected him.
c) The offence followed a history of threats, aggression and intimidation directed at family members.
d) The offence has left surviving siblings traumatised and fearful.
e) The convict has a history of substance abuse.
f) The offence has deprived the family of its principal emotional and economic pillar.
g) The impact of the offence upon the family continues to be profound and enduring.
23. The aggravating circumstances overwhelmingly outweigh the mitigating factors.
APPLICATION OF SENTENCING PRINCIPLES
24. The Court has considered the objectives of sentencing, including punishment, deterrence, rehabilitation, denunciation and protection of society.
25. The Court has equally considered the constitutional principles articulated in Francis Karioko Muruatetu & Another v Republic and Dismas Wafula Kilwake v Republic.
26. While rehabilitation remains an important objective, the Court must also consider the seriousness of the offence, the need to protect vulnerable family members and the need to communicate society's unequivocal condemnation of violence within the family unit.
27. Matricide ranks among the gravest manifestations of domestic violence. A mother-child relationship is founded upon trust, care and protection. When such trust is violated through lethal violence, the law must respond firmly and proportionately.
DECISION ON SENTENCE
28. Having considered all the circumstances of this case, the Victim Impact Statement, the Pre-Sentence Investigation Report, the mitigation advanced, the aggravating factors, the applicable law and the objectives of sentencing, this Court is satisfied that a substantial custodial sentence is warranted.
29. The manner in which the deceased lost her life, the lifelong trauma inflicted upon the surviving siblings, the devastating emotional and financial consequences suffered by the family, the convict's history of violence and substance abuse, and the absence of genuine remorse compel the conclusion that only a lengthy custodial sentence will adequately serve the interests of justice.
30. Accordingly, the accused, PATRICK MBOGO KONDE, is hereby sentenced to THIRTY (30) YEARS IMPRISONMENT.
31. The sentence shall run from 21st November 2023, being the date on which the accused was first arraigned before this Court.
RIGHT OF APPEAL
32. The accused is informed of his right to appeal against both conviction and sentence to the Court of Appeal within the prescribed timelines.
33. The accused is further informed of his right to seek legal aid and, where necessary, to apply for an extension of time to lodge an appeal.
34. Copies of the proceedings, judgment, and ruling be made available to the defence
35. It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 4TH DAY OF JUNE 2026.
Ruling delivered through the Microsoft Teams Online Platform.
HON. LADY JUSTICE WENDY K. MICHENI
JUDGE
In the Presence of:
The Accused
Mr. Sirima State Counsel
Ms. Bebora — Court Assistant