Republic v Chege (Criminal Case 5 of 2019) [2025] KEHC 10802 (KLR) (23 July 2025) (Sentence) Neutral citation: [2025] KEHC 10802 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL CASE 5 OF 2019 HI ONG'UDI, J JULY 23, 2025 BETWEEN REPUBLIC ............................................................................................................ STATE AND GEORGE GITHINGI CHEGE ..................................................................... ACCUSED SENTENCE 1. George Githinji Chege hereinafter referred to as the accused was initially charged with murder contrary to section 203 as read with section 204 of the penal code. In its judgment delivered on 30th April, 2025 the court reduced the charge from murder to manslaughter contrary to section 202 as read with section 205 of the penal code. 2. The court called for a pre-sentence report which was filed by probation officer Elizabeth Kwomboka, and is dated 21st May, 2025. The officer confirmed that upon interviewing the administration it was confirmed that the accused had no report on disciplinary issues prior to this incident. Some neighbors mentioned that the accused like other youths in the area used to carry a small sword and a maasai rungu. However, due to drinking habits he would be involved in silly fights. From the report it is clear that the victim’s family is still very bitter and is not in support of a non-custodial sentence for the accused. The report is otherwise positive. 3. In mitigation Mr. Murunga for the accused informed the court that the accused was remorseful for what he did to his best friend. He added that the accused has been in custody now for six (6) years and was doing his seventh (7th) year. That his stay in prison had changed him. He was now born again and even baptized. He has also undertaken several studies e.g Bible study, anger management and dispute resolution. He prayed for a non-custodial sentence. 4. On the other hand, M/s Okok counsel for the prosecution called for a custodial sentence saying the court was not bound by the pre-sentence report, however favorable it was. She asked the court to bear in mind that the deceased was only 26 years of age when he met his death. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10802/eng@2025-07-23 1
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5. It is not lost to the court’s mind that both the accused and deceased had been drinking alcohol in a bar and not a house belonging to any of them. What the accused did was as a result of the heavy drinking hence the reduction of the charge of murder. It is painful for the deceased’s family and the court understands their pain and bitterness. The accused has been in remand custody for close to six and a half (6½) years. He has learnt a few lessons here and there. I hereby sentence him to serve eight (8) years imprisonment. The sentence will run from 4th February, 2019 when he was first presented to court. Right of appeal explained. 6. Orders accordingly DELIVERED, VIRTUALLY DATED AND SIGNED THIS 23RD DAY OF JULY, 2025 IN OPEN COURT AT NAKURU. H. I. ONG’UDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10802/eng@2025-07-23 2
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