REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO 23 OF 2017
REPUBLIC
VERSUS
JAMES MUINDE MUSYOKI ….……………………………..… ACCUSED
SENTENCE RULING
1. On 8/1/2026 the accused was found guilty of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code .
2. He unlawfully caused the death of his father Musyoki Muinde on 26/8/2017.
3. Upon his conviction through his Counsel, Mr. Hassan he mitigated for a non-custodial sentence.
4. The State on its part through, Mr. Musyoki for DPP, was of the view that a non-custodial sentence was not suitable in the circumstances of the offence as manslaughter is a serious offence carrying a sentence of life imprisonment.
5. I sought a Pre-Sentence Report from Probation and After Care Services PACS.
6. It is recommended that the offender be placed on Probation Supervision for three years.
7. The Penal Code provides
205. Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
8. The Accused Person herein killed his father, denied it and spent 9 years in Remand.
9. Today the PACS Report indicates that the family sat down (post-conviction) and decided that they were forgiving him. While that is a welcoming move, it can only be considered as a mitigating factor, a demonstration that the family and community are willing to have him back to the community. Otherwise, from the offender’s explanation he was always aware of the circumstances, and so was the family but he has spent 9 years in remand custody pending the trial of this case.
10. What then is the appropriate sentence?
11. I have considered the mitigation by the Accused Person. I have considered the circumstances of the case and the PACs report I have also considered the period he has spent in remand custody. I have taken into account the guidance for the SPG’s 2023 on sentencing.
The accused is a first offender and has expressed remorse.
He is sentenced to 15 years’ imprisonment to start from the day he was remanded in custody on 28/8/2017 in accordance with s. 333(2) of the Criminal Procedure Code
Orders accordingly
Dated, signed and delivered virtually on 5 th March 2026
Mumbua T Matheka
Judge
Chrispol/Daniel CA
Accused present Ms. Amol for State
Mr. Hassan for the accused
Ruling H.C.CR.C 23/17 R. vs James Muinde Musyoki
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO 23 OF 2017
REPUBLIC
VERSUS
JAMES MUINDE MUSYOKI ….……………………………..… ACCUSED
SENTENCE RULING
1. On 8/1/2026 the accused was found guilty of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code .
2. He unlawfully caused the death of his father Musyoki Muinde on 26/8/2017.
3. Upon his conviction through his Counsel, Mr. Hassan he mitigated for a non-custodial sentence.
4. The State on its part through, Mr. Musyoki for DPP, was of the view that a non-custodial sentence was not suitable in the circumstances of the offence as manslaughter is a serious offence carrying a sentence of life imprisonment.
5. I sought a Pre-Sentence Report from Probation and After Care Services PACS.
6. It is recommended that the offender be placed on Probation Supervision for three years.
7. The Penal Code provides
205. Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
8. The Accused Person herein killed his father, denied it and spent 9 years in Remand.
9. Today the PACS Report indicates that the family sat down (post-conviction) and decided that they were forgiving him. While that is a welcoming move, it can only be considered as a mitigating factor, a demonstration that the family and community are willing to have him back to the community. Otherwise, from the offender’s explanation he was always aware of the circumstances, and so was the family but he has spent 9 years in remand custody pending the trial of this case.
10. What then is the appropriate sentence?
11. I have considered the mitigation by the Accused Person. I have considered the circumstances of the case and the PACs report I have also considered the period he has spent in remand custody. I have taken into account the guidance for the SPG’s 2023 on sentencing.
The accused is a first offender and has expressed remorse.
He is sentenced to 15 years’ imprisonment to start from the day he was remanded in custody on 28/8/2017 in accordance with s. 333(2) of the Criminal Procedure Code
Orders accordingly
Dated, signed and delivered virtually on 5 th March 2026
Mumbua T Matheka
Judge
Chrispol/Daniel CA
Accused present Ms. Amol for State
Mr. Hassan for the accused
Ruling H.C.CR.C 23/17 R. vs James Muinde Musyoki