Republic v Neto Kiburi Mwithalie & 1 other

Republic v Mwithalie (Criminal Case E073 of 2022) [2025] KEHC 14825 (KLR) (15 October 2025) (Sentence) Neutral citation: [2025] KEHC 14825 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CRIMINAL CASE E073 OF 2022 SM GITHINJI, J OCTOBER 15, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND NETO KIBURI MWITHALIE .................................................................... ACCUSED SENTENCE 1. The mitigating factors are that:The accused has pleaded guilty out of a plea-bargain process which entitles him to a good discount on sentence. 2. The circumstances also show that both the accused and the victim could have been drunk as the quarrel began in a bear taking joint where they were both drinking. In addition, both of them were armed with C-line pangas. 3. Others are as stated by his counsel that he is relatively young, remorseful, have served a period of about 3 years in remand and prays for leniency. Aggravating factors are that:- 4. The accused was the aggressor and when deceased ran away, he pursued him and fought him to death. 5. The ofience is serious and carries on the upper side a death sentence and such need be reflected in the sentence meted for the ofience. Also that the ofience is prevalent in this region and need be discouraged. 6. Having reflected on all the above factors and the fact that accused proposes 5 years imprisonment and prosecution 20 years imprisonment, I find that the sentence which will serve the ends of justice, is 15 years imprisonment; sentence to run from 7th November, 2022 the date of his arrest. DATED AND DELIVERED AT MERU THIS 15TH OCTOBER, 2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14825/eng@2025-10-15 1

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