REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO E003 OF 2021
REPUBLIC
VERSUS
JOHN NZINGU NDIVO ………………………………………..… ACCUSED
SENTENCE RULING
1. The Accused Person was charged with 2 counts of Murder Contrary to Section 203 as read with Section 204 of the Penal code . That on 27/1/2021 at Miui Village, Kiima Kiu Location, Mukaa Sub-location Makueni Count he murdered his parents Ndivo Ndolo – 100 years old, and Beneka Ndivo, 86 years old.
2. After full trial he was found guilty on both counts, and convicted accordingly vide judgment delivered on 8/1/2026.
3. I sought a Pre-sentence Report which was availed by Probation and After Care Services.
4. In the report, the Accused Person expresses remorse for what he did. He regrets committing the offence in a bout of anger and pleads for mercy from this court. This anger was borne out of frustration over a portion of land his parents wanted to sell to his sister. He had intended to kill his parents, then kill himself. The family was said to harbor low level of acceptance back home and the Accused was found unsuitable for non-custodial sentence.
5. This was a double murder, the murder of 2 elderly parents over their own property. Whey would a son begrudge his parents the use of their own property in manner they chose? He was not being chased away from home, but the thought that his sister could have a portion of their parents’ property was enough to kill them instead of going to find his own property. Surely if the sister’s living on the family land was such an aversion to him, he ought to have left. Killing his parents did not help him.
6. The charge of murder caries a death sentence but the Muruatetu case took away the mandatory nature of the death sentence.
7. The accused person is a first offender. Post the death of his parents he is remorseful.
8. In arriving at the sentence, I find persuasion in the following cases:
Republic v Wambia & 4 others [2025] KEHC 10406 (KLR) where the court stated :
I have considered the guidelines in our Sentencing Policy; the key principles as follows;
Deterrence - Discouraging the offender and others from committing similar crimes.
Rehabilitatio n- Enabling the offender to reform and become a law-abiding citizen.
Retribution - Punishing the offender justly for their actions.
Community Protection- Safeguarding society by incapacitating the offender.
Restorative Justice - Addressing the harm caused by the crime and finding ways to repair it.
Proportionality -: Ensuring the punishment fits the crime. Factors to consider whilst sentencing are;
Gravity of the offense : The severity of the crime and its consequences.
Motive and circumstances : The reasons behind the crime and the context in which it occurred.
Offender's background: Age, prior criminal record, and any mitigating factors.
Victim impact: The harm caused to the victim and their needs.
Social impact: The effect of the crime on the community.
Possibility of rehabilitation: The likelihood of the offender reforming.( emphasis mine)
9. I have just like the court in Republic v Gina & another [2024] KEHC 7874 (KLR) considered what the Supreme Court Francis Karioki Muruatetu Case set as the factors to be considered in sentencing in murder cases to include the following:-
(a)Age of the offender;
(b)Whether the convict is a first offender;
(c)Whether the offender pleaded guilty;
(d)Commission of the offence in response to gender based violence;
(e)Character and record of the offender;(f)Remorsefulness of the offender;
(g)The possibility of reform and social adaptation of the offender;
(h)Any other factor that the court considers relevant.
10. I have noted the sentences in the foregoing mentioned cases and others for murder. I have considered the aggravated nature of the offence. I have also taken into account the period the accused has spent in custody pursuant to s. 333(2) of the CPC.
11. Having been found guilty and even being a 1 st offender, the accused committed a heinous offence against his parents. Elderly defenceless persons who were excising their right to their property. He appears to have had a very high sense of entitlement to his parents’ property. No child should have such above the other siblings to the extent of it becoming the motive for killing his parents.
12. For having done so, he is hereby sentenced to 30 years imprisonment on each count.
13. Sentences to run concurrently.
14. Right of Appeal 14 days .
Dated, signed and delivered virtually this 30 th March 2026
MUMBUA T. MATHEKA
JUDGE
Accused present virtually
Mr. Hassan for the accused
Ms. Musango for the state
CA Chrispol
SENTENCE RULING H.C.CR.C E003/21 Rep. vs John Nzingu Ndivo Page 1 of 29
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO E003 OF 2021
REPUBLIC
VERSUS
JOHN NZINGU NDIVO ………………………………………..… ACCUSED
SENTENCE RULING
1. The Accused Person was charged with 2 counts of Murder Contrary to Section 203 as read with Section 204 of the Penal code . That on 27/1/2021 at Miui Village, Kiima Kiu Location, Mukaa Sub-location Makueni Count he murdered his parents Ndivo Ndolo – 100 years old, and Beneka Ndivo, 86 years old.
2. After full trial he was found guilty on both counts, and convicted accordingly vide judgment delivered on 8/1/2026.
3. I sought a Pre-sentence Report which was availed by Probation and After Care Services.
4. In the report, the Accused Person expresses remorse for what he did. He regrets committing the offence in a bout of anger and pleads for mercy from this court. This anger was borne out of frustration over a portion of land his parents wanted to sell to his sister. He had intended to kill his parents, then kill himself. The family was said to harbor low level of acceptance back home and the Accused was found unsuitable for non-custodial sentence.
5. This was a double murder, the murder of 2 elderly parents over their own property. Whey would a son begrudge his parents the use of their own property in manner they chose? He was not being chased away from home, but the thought that his sister could have a portion of their parents’ property was enough to kill them instead of going to find his own property. Surely if the sister’s living on the family land was such an aversion to him, he ought to have left. Killing his parents did not help him.
6. The charge of murder caries a death sentence but the Muruatetu case took away the mandatory nature of the death sentence.
7. The accused person is a first offender. Post the death of his parents he is remorseful.
8. In arriving at the sentence, I find persuasion in the following cases:
Republic v Wambia & 4 others [2025] KEHC 10406 (KLR) where the court stated :
I have considered the guidelines in our Sentencing Policy; the key principles as follows;
Deterrence - Discouraging the offender and others from committing similar crimes.
Rehabilitatio n- Enabling the offender to reform and become a law-abiding citizen.
Retribution - Punishing the offender justly for their actions.
Community Protection- Safeguarding society by incapacitating the offender.
Restorative Justice - Addressing the harm caused by the crime and finding ways to repair it.
Proportionality -: Ensuring the punishment fits the crime. Factors to consider whilst sentencing are;
Gravity of the offense : The severity of the crime and its consequences.
Motive and circumstances : The reasons behind the crime and the context in which it occurred.
Offender's background: Age, prior criminal record, and any mitigating factors.
Victim impact: The harm caused to the victim and their needs.
Social impact: The effect of the crime on the community.
Possibility of rehabilitation: The likelihood of the offender reforming.( emphasis mine)
9. I have just like the court in Republic v Gina & another [2024] KEHC 7874 (KLR) considered what the Supreme Court Francis Karioki Muruatetu Case set as the factors to be considered in sentencing in murder cases to include the following:-
(a)Age of the offender;
(b)Whether the convict is a first offender;
(c)Whether the offender pleaded guilty;
(d)Commission of the offence in response to gender based violence;
(e)Character and record of the offender;(f)Remorsefulness of the offender;
(g)The possibility of reform and social adaptation of the offender;
(h)Any other factor that the court considers relevant.
10. I have noted the sentences in the foregoing mentioned cases and others for murder. I have considered the aggravated nature of the offence. I have also taken into account the period the accused has spent in custody pursuant to s. 333(2) of the CPC.
11. Having been found guilty and even being a 1 st offender, the accused committed a heinous offence against his parents. Elderly defenceless persons who were excising their right to their property. He appears to have had a very high sense of entitlement to his parents’ property. No child should have such above the other siblings to the extent of it becoming the motive for killing his parents.
12. For having done so, he is hereby sentenced to 30 years imprisonment on each count.
13. Sentences to run concurrently.
14. Right of Appeal 14 days .
Dated, signed and delivered virtually this 30 th March 2026
MUMBUA T. MATHEKA
JUDGE
Accused present virtually
Mr. Hassan for the accused
Ms. Musango for the state
CA Chrispol
SENTENCE RULING H.C.CR.C E003/21 Rep. vs John Nzingu Ndivo Page 1 of 29