Republic v Michael Mutual Mwanza

Republic v Mwanza (Criminal Case E014 of 2025) [2025] KEHC 19508 (KLR) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 19508 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL CASE E014 OF 2025 LW GITARI, J OCTOBER 30, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND MICHAEL MUTUAL MWANZA ................................................................ ACCUSED RULING 1. The accused was charged and pleaded guilty to a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. In mitigation, the accused has stated that he is remorseful. The ofience he committed is no doubt serious and calls for a severe punishment as an innocent life was lost. I however, note that he has pleaded guilty and saved courts time. 3. However, the said inquiry report filed by the probation oficers is negative as it states that none custodial sentence is not suitable due to the community attitude which puts his life at risk of mob injustice. The accused has pleaded for leniency. 4. I note that from the social inquiry report that accused was abusing alcohol. The family of the deceased has not healed and a sentence that allows them to heal is called for and for accused to be accepted in the community. The plea of guilty shows remorse and calls for leniency. The charge carries a maximum death penalty. This shows the serious view that the state gives to this ofience. 5. However, the plea of guilty and a prayer for leniency are notable circumstances to be taken into consideration. A custodial sentence is called for. The accused will serve twenty (20) years imprisonment. DATED, SIGNED AND DELIVERED AT KITUI THIS 30TH DAY OF OCTOBER, 2025. HON. LADY JUSTICE L. GITARI https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19508/eng@2025-10-30 1

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