Republic v Kieti (Criminal Case E018 of 2021) [2025] KEHC 15336 (KLR) (15 October 2025) (Sentence) Neutral citation: [2025] KEHC 15336 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL CASE E018 OF 2021 TM MATHEKA, J OCTOBER 15, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND TITUS KITHUNGO KIETI ......................................................................... ACCUSED SENTENCE 1. The accused person was charged with murder contrary to section 203 as read with section 204 of Penal Code. 2. He was tried and found guilty of the murder of Rebecca Syombua on 8/6/2021 at Ndolo Village, Nzeveni Location, Mbooni West Sub County, Makueni County after he denied the offence. 3. Upon his conviction, the court sought for pre-sentence report from Probation and After Care Services. 4. His counsel Mr. Kithuka submitted in mitigation - that the accused was remorseful about the incident. That from the pre-sentence report he was a father of four, and that the children needed his care. That offender is a first offender and there are no complains about his conduct. That offender had exhibited utmost good conduct while at home and he prayed for leniency from the court. 5. The pre-sentence report indicates that the offender has history of substance use, to be temperamental and arrogant, quick to anger, and physical fights - however, the area assistant chief expressed a positive attitude towards him. 6. The family of the victim is reported to have expressed views of bitterness towards the offender for the loss of their relative. 7. The offence of the murder carries a death sentence - though the mandatory nature of the same was taken out by the Supreme Court in Muruatetu 1. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15336/eng@2025-10-15 1
page 1 of 2
8. Taking into consideration the circumstances of the offence both mitigating circumstances - and the aggravating factors; that this was an elderly lady, that there was no provocation except anger at losing in a land matter, I find that the offender person is not suitable for a non-custodial sentence. 9. I have found a similar matter Republic versus Otieno KEHC 7874 (KLR) where the court meted out 20 years imprisonment . 10. Having considered the mitigation by the offender, the mitigating and aggravating circumstances. The similar authority the offender is is sentenced to 20 years imprisonment. 11. Taking into account the proviso to section 333(2) of the Criminal Procedure Code, his sentence will run from 6/7/2021. Right of appeal 14days, DATED, SIGNED AND DELIVERED THIS 15TH OCTOBER 2025 MUMBUA T MATHEKA JUDGE Court assistant: Chrispol Accused present Mr. Kithuka for accused Mr. Kazungu for state https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15336/eng@2025-10-15 2
page 2 of 2