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JudgmentTIMOTHY KELVIN MWANDOE VS The Republic2 min read

TIMOTHY KELVIN MWANDOE VS The Republic

High Court at Voi High Court · · George. Dulu


(From the conviction and sentence in Criminal Case No. E475 of 2022 delivered on 14th June 2023 by Hon. D. Wangeci (SPM) at Wundanyi Law Courts)

  1. The appellant was convicted of manslaughter by the Magistrate’s court at Wundanyi contrary to Section 202 as read with Section 205 of the Penal Code, on his own plea of guilty.
  2. The particulars of the offence were that on 7th December 2022 at 1930hours at Chawia Location in Mwatate Sub-County within Taita Taveta County caused the death of Paul Mwandoe Mwakughu.
  3. On conviction, the prosecution stated that the accused person, who is now the appellant was a first offender.
  4. In his mitigation, the appellant sought for the court’s pardon, and regretted what happened.  He also stated that he was newly married for 3 months, had 3 siblings depending on him as well as an ailing mother whom he supported.  He stated further that he would not repeat the offence and that he was very young.
  5. After the above mitigation was recorded, the trial court ordered for a pre-sentence report to be filed, and on receipt of the same, sentenced the appellant to life imprisonment.
  6. The appellant has now come to this court on appeal against sentence only, and the Prosecuting Counsel has conceded to the appeal and suggested that the sentence imposed be reduced to fifteen (15) years imprisonment. 
  7. On my part, having perused the facts, and taken into account that the appellant is a young man of 26, who fought with and fatally injured his father in the spine area as a result of which he died, before he volunteered to the police and was arrested and charged in court, I am of the view that the life imprisonment sentence was excessive.
  8. I have also perused the pre-sentence report signed by Regina Mwarandu a Senior Probation Officer Wundanyi on 14th June 2023 in which custodial sentence was recommended mainly on account of apprehension of safety of the appellant, as villagers had even wanted to lynch him after the incident.  I thus consider that non-custodial sentence was not appropriate.
  9. Coming to the appropriate prison sentence, it is clear to me that no weapon was used to cause the death of the deceased, and there was also a protracted fight and harsh words exchanged between the deceased and the appellant.  I have also considered that the appellant was a first offender, and that he voluntarily volunteered to the police, pleaded guilty and made a strong plea in mitigation.
  10. In those circumstances, though I am of the view that life imprisonment, which is the maximum statutory sentence for manslaughter is harsh and excessive, I am however of the view that for a young man, a protracted fight with his father was not called for and thus this court determines appropriate sentence of eight (8) years imprisonment.
  11. I thus set aside the sentence of life imprisonment imposed, and order that the appellant will instead serve eight (8) years imprisonment from 8th December 2022 the date he was arrested.

Dated, signed and delivered this 13th day of June, 2024 at Voi in open court.

In the presence of:-

Alfred/Trizah – Court Assistants

Appellant in person

Mr. Sirima for State

    TIMOTHY KELVIN MWANDOE VS The Republic TIMOTHY KELVIN MWANDOE VS The Republic