PLEA-BARGAIN AGREEMENT
INFORMATION
1. The Accused Person herein James Gichimu Wachira alias Mwalimu, is charged with the offence of Man- slaughter; Contrary to Section 202 a s read with Section 205 of the Penal Code Cap.63 Laws of Kenya.
2. Particulars off the offence being that on the 28 th October,2020 at 2230 Hrs at Soweto near Catholic Church area, in Njiru Sub County, within Nairobi County, unlawfully killed Geoffrey Kipsang.
3. The Plea Bargain Agreement was executed on 30/4/2026 2025 by:
1. Ms Gikui Gichuhi ODPP --Head of Homicide
2. Ms. R. Tum for ODPP - Prosecution Counsel
3. Mr. Andrew Loketo Kariu - Advocate for the Accused person
4. James Gichimu Wachira - Accused Person
COURT PROCEEDINGS-20/4/2026
Gladys Court Assistant read over the Charge and explained to the Accused Person in Kiswahili charge of manslaughter contrary to Section 203 & 204 Penal Code.
Accused person – ‘Ni-kweli’– It is true.
5. The Court recorded; Plea of guilty is entered for the Accused person on his own plea of guilty.
6. Ms Tum ODPP states- I have included Paragraph 2 of the Plea Bargain Agreement that the Accused person was induced coerced and he signed the Agreement.
7. Accused person states – I agree on my own free will.
FACTS IN KISWAHILI
Ms Tum-ODPP read the facts in Kiswahili.
8. On 28/10/20 at about 19.00 Hrs the Accused person and deceased went for drinking spree with other friend Peter Mwangi and Benson Kioko and all went to drinking Den Kwa Wachipo – Soweto area and stayed out 22.00Hrs when establishment was closed.
9. After closure they remained in the Changaa Den after closure and they slept there as they did not have any residence.
10. The deceased started to make noise and they all told deceased to keep quiet as it was during Covid 19 Pandemic and the Police Officers would come by.
11. The Accused person strangled the deceased and threatened to him and later left him and the Accused person asked the other friends to remove the deceased from the Changaa Den and placed him on the road near the Catholic Church nearby and they left him there and they went back in Changaa Den and they slept.
12. The Proprietor of the Changaa Den found the Accused and 2 others inside the Den and found the deceased on the side of the road and he was bleeding from the mouth. The Police Officer’s and members of the Public came to the scene and they took him away to City Mortuary and Post Mortem indicated the deceased died for Pneumonia and head injury from blunt object.
13. The Accused person was arrested on 1/11/2020 and was arrested as the Accused person was drinking in another drinking Den and he was charged with murder. Post Mortem Report -Exhibit I
14. Accused person stated; The Facts are True.
The Court: The Court entered plea of guilty on the Accused persons Pleas of guilty after Particulars of offence and Facts are read out to him.
Ms. Tum for ODPP – No previous records against the Accused person.
Mr. Kariu- No objection we pray for Pre-sentence Report to be prepared and forwarded to court.
PRE-SENTENCE PROCEEDINGS-30/7/2026
Mr. Bickoh ODPP/Prosecution/State ,stated; - The Accused is a 1 st offender. The circumstances of the deceased’s death confrontation arose and there was a fight with deceased where they were sleeping instead of helping the deceased the Accused person and friend took him outside and left them there after beating him.
The deceased is/was a family man a husband with wife with 5 children the experience of loosing father and husband was traumatic to them they are physically, psychologically, economically and health wise in distress. He was the bread winner. Therefore, the prayer for family & victims is for custodial sentence.
The Report, Pre-sentence Report on attitude towards the offence the offender pleads with the Court to grant lenient sentence or non-custodial sentence due to his age, health and he does not want to be a bother to family and close relative once he is released from prison. The recommendation shows preference of a lenient sentence other than non-custodial sentence.
MITIGATION
Mr. Kariu for the Accused Person -stated in mitigation; he is very remorseful for causing death of deceased also being a friend and the Court gives a lenient sentence and rely on the Pre-sentence Report in entirety and we will quantify certain statement in the Report.
The Accused wants the period is considered if he gets custodial sentence in compliance with Section 333(2) CPC and discount his incarceration and the Court finds that his sentencing will be lenient for the entire period of proceedings.
The Accused person has cooperated with the Prosecution leading to Plea-Bargain Agreement. The circumstances leading to the death of deceased; but deceased and Accused person were homeless and were given Premises to sleep once the business of the Bar closed/after official business hours. The Accused and deceased were both intoxicated at the time the evidence is that there was physical confrontation. We humbly submit the deceased started the commotion. The Accused person tried to contain the situation in the alcoholic stupor; the act occasioned his death. I pray the Court consider that in a state of drunkenness a situation of heteronomy of the will cante a situation where by a person’s acts independent of moral beliefs and the law. Both Accused person and deceased were not cognizant of what each was doing.
The Accused person be given lenient sentencing after conviction. I am also minded that the Accused person wants a custodial sentence that should not influence the Court in any way whatsoever for the following reasons:
1. It will set bad precedent- The Accused person who does not want to face reality of life and continue enjoying the tax payer’s money.
2. It Is morally and ethically inappropriate for one to be guest of the State and the Court allows the same.
3. It is also a burden on Tax Payers, All Prisons do not contribute Taxes and actually burden other Tax Payers.
In conclusion; the Accused person is an old man 76 years old married with grand child and justice is served if he is given a non-custodial sentence. He is sick and the burden is taken by his lawyer fully. The lawyer is fully capable of taking care of the Accused person. The offence occurred during the Covid 19 pandemic period deceased and Accused were housed in a bar.
SENTENCING
15. The Court considered the evidence of Prosecution and Defense mitigation and considered the following;
Aggravating factors ;
The Accused person caused serious physical injury and death of the victim, He targeted a vulnerable person homeless like him and there was flagrant use of violence.
Mitigating factors – The Accused person is an elderly person aged 76 years old, he is sick as reported by Counsel and also duplicated in the Pre-sentence Report and is remorseful as deceased was a friend and were both homeless housed by owner of a Bar and he was intoxicated. He has undertaken Plea- Bargain Agreement so as to expedite the matter.
SENTENCE
The court sentences the Accused person to serve 10 years imprisonment to be computed with Pre-Trial period with effect form 13/11/2020 and remission under Section 46 Prison Act.
14 days appeal
HIGH COURT CRIMINAL CASE E037 OF 2020 NHC 2
INFORMATION
1. The Accused Person herein James Gichimu Wachira alias Mwalimu, is charged with the offence of Man- slaughter; Contrary to Section 202 a s read with Section 205 of the Penal Code Cap.63 Laws of Kenya.
2. Particulars off the offence being that on the 28 th October,2020 at 2230 Hrs at Soweto near Catholic Church area, in Njiru Sub County, within Nairobi County, unlawfully killed Geoffrey Kipsang.
3. The Plea Bargain Agreement was executed on 30/4/2026 2025 by:
1. Ms Gikui Gichuhi ODPP --Head of Homicide
2. Ms. R. Tum for ODPP - Prosecution Counsel
3. Mr. Andrew Loketo Kariu - Advocate for the Accused person
4. James Gichimu Wachira - Accused Person
COURT PROCEEDINGS-20/4/2026
Gladys Court Assistant read over the Charge and explained to the Accused Person in Kiswahili charge of manslaughter contrary to Section 203 & 204 Penal Code.
Accused person – ‘Ni-kweli’– It is true.
5. The Court recorded; Plea of guilty is entered for the Accused person on his own plea of guilty.
6. Ms Tum ODPP states- I have included Paragraph 2 of the Plea Bargain Agreement that the Accused person was induced coerced and he signed the Agreement.
7. Accused person states – I agree on my own free will.
FACTS IN KISWAHILI
Ms Tum-ODPP read the facts in Kiswahili.
8. On 28/10/20 at about 19.00 Hrs the Accused person and deceased went for drinking spree with other friend Peter Mwangi and Benson Kioko and all went to drinking Den Kwa Wachipo – Soweto area and stayed out 22.00Hrs when establishment was closed.
9. After closure they remained in the Changaa Den after closure and they slept there as they did not have any residence.
10. The deceased started to make noise and they all told deceased to keep quiet as it was during Covid 19 Pandemic and the Police Officers would come by.
11. The Accused person strangled the deceased and threatened to him and later left him and the Accused person asked the other friends to remove the deceased from the Changaa Den and placed him on the road near the Catholic Church nearby and they left him there and they went back in Changaa Den and they slept.
12. The Proprietor of the Changaa Den found the Accused and 2 others inside the Den and found the deceased on the side of the road and he was bleeding from the mouth. The Police Officer’s and members of the Public came to the scene and they took him away to City Mortuary and Post Mortem indicated the deceased died for Pneumonia and head injury from blunt object.
13. The Accused person was arrested on 1/11/2020 and was arrested as the Accused person was drinking in another drinking Den and he was charged with murder. Post Mortem Report -Exhibit I
14. Accused person stated; The Facts are True.
The Court: The Court entered plea of guilty on the Accused persons Pleas of guilty after Particulars of offence and Facts are read out to him.
Ms. Tum for ODPP – No previous records against the Accused person.
Mr. Kariu- No objection we pray for Pre-sentence Report to be prepared and forwarded to court.
PRE-SENTENCE PROCEEDINGS-30/7/2026
Mr. Bickoh ODPP/Prosecution/State ,stated; - The Accused is a 1 st offender. The circumstances of the deceased’s death confrontation arose and there was a fight with deceased where they were sleeping instead of helping the deceased the Accused person and friend took him outside and left them there after beating him.
The deceased is/was a family man a husband with wife with 5 children the experience of loosing father and husband was traumatic to them they are physically, psychologically, economically and health wise in distress. He was the bread winner. Therefore, the prayer for family & victims is for custodial sentence.
The Report, Pre-sentence Report on attitude towards the offence the offender pleads with the Court to grant lenient sentence or non-custodial sentence due to his age, health and he does not want to be a bother to family and close relative once he is released from prison. The recommendation shows preference of a lenient sentence other than non-custodial sentence.
MITIGATION
Mr. Kariu for the Accused Person -stated in mitigation; he is very remorseful for causing death of deceased also being a friend and the Court gives a lenient sentence and rely on the Pre-sentence Report in entirety and we will quantify certain statement in the Report.
The Accused wants the period is considered if he gets custodial sentence in compliance with Section 333(2) CPC and discount his incarceration and the Court finds that his sentencing will be lenient for the entire period of proceedings.
The Accused person has cooperated with the Prosecution leading to Plea-Bargain Agreement. The circumstances leading to the death of deceased; but deceased and Accused person were homeless and were given Premises to sleep once the business of the Bar closed/after official business hours. The Accused and deceased were both intoxicated at the time the evidence is that there was physical confrontation. We humbly submit the deceased started the commotion. The Accused person tried to contain the situation in the alcoholic stupor; the act occasioned his death. I pray the Court consider that in a state of drunkenness a situation of heteronomy of the will cante a situation where by a person’s acts independent of moral beliefs and the law. Both Accused person and deceased were not cognizant of what each was doing.
The Accused person be given lenient sentencing after conviction. I am also minded that the Accused person wants a custodial sentence that should not influence the Court in any way whatsoever for the following reasons:
1. It will set bad precedent- The Accused person who does not want to face reality of life and continue enjoying the tax payer’s money.
2. It Is morally and ethically inappropriate for one to be guest of the State and the Court allows the same.
3. It is also a burden on Tax Payers, All Prisons do not contribute Taxes and actually burden other Tax Payers.
In conclusion; the Accused person is an old man 76 years old married with grand child and justice is served if he is given a non-custodial sentence. He is sick and the burden is taken by his lawyer fully. The lawyer is fully capable of taking care of the Accused person. The offence occurred during the Covid 19 pandemic period deceased and Accused were housed in a bar.
SENTENCING
15. The Court considered the evidence of Prosecution and Defense mitigation and considered the following;
Aggravating factors ;
The Accused person caused serious physical injury and death of the victim, He targeted a vulnerable person homeless like him and there was flagrant use of violence.
Mitigating factors – The Accused person is an elderly person aged 76 years old, he is sick as reported by Counsel and also duplicated in the Pre-sentence Report and is remorseful as deceased was a friend and were both homeless housed by owner of a Bar and he was intoxicated. He has undertaken Plea- Bargain Agreement so as to expedite the matter.
SENTENCE
The court sentences the Accused person to serve 10 years imprisonment to be computed with Pre-Trial period with effect form 13/11/2020 and remission under Section 46 Prison Act.
14 days appeal
HIGH COURT CRIMINAL CASE E037 OF 2020 NHC 2