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Court of AppealDismissedCriminal Appeal (sentence) - arising from Busia High Court Criminal Case No. 18 of 2018

Ikarot v Republic (Criminal Appeal 196 of 2020) [2026] KECA 301 (KLR)

Court of Appeal of Kenya
13 February 2026
ASAsike-MakhandiaHOH.A. OmondiLKL. Kimaru
1,915 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal upheld a 25-year manslaughter sentence, confirming that pleading guilty does not automatically earn a lighter punishment.

What this practically means

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Executive summary

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This was a first appeal against sentence only, brought by Felix Ikarot against a twenty-five year imprisonment term imposed by Kiarie Waweru Kiarie J. of the High Court at Busia on 17th February 2020 for manslaughter. The appellant had originally been charged with murder jointly with others, but midway through trial he entered a plea bargain pursuant to Sections 137A–O of the Criminal Procedure Code, after forensic evidence placed him at the scene; the charge was reduced to manslaughter, to which he pleaded guilty. The trial court, weighing the gravity of the offence - which involved the unlawful taking of life in aggravated circumstances bordering on gender-based violence following sexual assault - against his admission of guilt and first-offender status, sentenced him to twenty-five years. On appeal, counsel for the appellant argued the sentence was manifestly excessive, that the trial court failed to give due weight to the plea bargain, remorse, and youth, and invoked sentencing-discount jurisprudence including Muruatetu and recent Court of Appeal decisions on plea bargains. The respondent maintained the sentence was lawful and proportionate. The Court first confirmed that a conviction and sentence entered on a plea agreement is appealable, relying on Section 137L(1) of the Criminal Procedure Code and its precedents. It then held that the trial court had judiciously balanced aggravating and mitigating factors and applied correct principles, and that the appellant had not demonstrated that the sentence was manifestly harsh or excessive. A guilty plea does not automatically attract a reduced sentence where aggravating circumstances are grave. The appeal was dismissed in its entirety, with no separate costs order pronounced.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether a conviction and sentence entered after plea bargaining is subject to appeal
  2. 2.Whether the sentence of twenty-five (25) years' imprisonment imposed upon the appellant was harsh and excessive in the circumstances

Key legal issues

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01

Appealability of conviction and sentence entered on a plea agreement

Holding

A conviction and sentence arising from a plea bargain is appealable, since Section 137L(1) deems such a conviction a judgment of the court subject to appeal

Reasoning

The court referred to Section 137L(1) of the Criminal Procedure Code and its own precedents (Mutai v Republic; Dennis Osoro Nyatigo v Republic) holding that appellate review of sentence remains available even where conviction is based on a plea agreement. Muruatetu confirms a guilty plea is relevant to sentencing but not an automatic entitlement to reduction.

p. 4
02

Whether the 25-year sentence for manslaughter after a plea bargain was manifestly harsh and excessive

Holding

The sentence was not manifestly harsh or excessive; the trial court exercised its discretion judiciously by balancing the plea bargain, admission of guilt and first-offender status against the violent, gender-based aggravating circumstances

Reasoning

The court found that the trial court considered the plea bargain, the appellant's admission of guilt and first-offender status, but also weighed the violent nature of the offence and its character as gender-based violence involving sexual assault. The sentence reflected the seriousness of the offence and was within the lawful range under Section 205 of the Penal Code, so the appellate threshold for interference was not met.

p. 4

Legal principles established

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  • An appellate court will not interfere with a trial court's sentencing discretion unless the trial court acted on wrong principles, overlooked material factors, took into account irrelevant considerations, or the sentence is manifestly excessive or harsh
  • A conviction and sentence arising from a plea bargain is appealable to the Court of Appeal
  • A guilty plea does not automatically entitle an accused person to a reduced sentence where aggravating circumstances are apparent

Court orders

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  1. 1.The appeal against sentence is dismissed
  2. 2.The sentence of twenty-five (25) years' imprisonment imposed by the High Court is upheld

The bench

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One judgment of the whole court — no separate or dissenting opinions.

AS
majority
HO
majority
LK
majority
On appeal from
High Court of Kenya at Busia
Criminal Case No. 18 of 2018
Jurisdiction invoked
First appeal against sentence under the Criminal Procedure Code; conviction entered on a plea agreement appealable under Section 137L(1) of the Criminal Procedure Code

Relief refused

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Setting aside or reduction of the 25-year sentence

The trial court exercised its discretion judiciously, weighing both aggravating and mitigating factors; the sentence was not shown to be manifestly harsh or excessive

p. 4

Costs

No costs order was made in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Court does not alter a sentence unless the trial Judge has acted upon wrong principles or overlooked some material factors, or the sentence is manifestly excessive in view of the circumstances of the case.
p. 3Threshold for appellate interference with sentence
We are not persuaded that the sentence of twenty-five (25) years’ imprisonment was manifestly harsh or excessive.
p. 4Result on the merits
Accordingly, we find no basis to interfere with the sentence imposed. In the result, the appeal is dismissed.
p. 4Final orders - disposition

Issues in the judgment

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minor

The neutral citation of this judgment is not stated in the text provided

minor

No costs order appears in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ikarot v Republic (Criminal Appeal 196 of 2020) [2026] KECA 301 (KLR)", Case Analysis (2026). Criminal Appeal (sentence) - arising from Busia High Court Criminal Case No. 18 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/301/eng@2026-02-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.