Republic v Mutisya (Criminal Case 27 of 2019) [2025] KEHC 19605 (KLR) (30 October 2025) (Sentence) Neutral citation: [2025] KEHC 19605 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL CASE 27 OF 2019 LW GITARI, J OCTOBER 30, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND STEPHEN MUEMA MUTISYA .................................................................. ACCUSED SENTENCE 1. This matter comes up for sentencing. Background 2. The accused was arraigned in this court and was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code vide information dated 12/9/2019. However, before the conclusion of the matter the accused offered plea bargaining and it was accepted by the State. 3. A plea-bargaining agreement was entered and the charge of murder was reduced to that of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The particulars of the charge are that on 20/9/2019 at about 11.00 pm at Kalambia Market, Kakeani Location Kitui West Sub-County at unknown time within Kitui County, unlawfully killed Faith Mawia Muema. The accused pleaded guilty to the charge. The brief facts are that the deceased Faith Mawia Muema and the acceded had previously cohabited as husband and wife and separated due to family disputes. 4. The accused went to work as a house maid at Kalambia market. On 2/9/2019 the accused visited the deceased and at that time the two disagreed and a commotion ensued. The accused locked himself and he deceased inside the house and the disagreement escalated. The accused stabbed the deceased on the neck with a knife. Members of the public including her employer pleaded with the accused to stop assaulting her but it was all in vain. The deceased succumbed to injuries. On realising that the accused attempted to commit suicide by stabbing himself on the lower abdomen. The police were called and they went and managed to restrain the accused. They recovered the murder weapon. The body of the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19605/eng@2025-10-30 1
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deceased was moved to Kitui County Morgue where a post-mortem was done. The doctor formed the opinion that the cause of death was due to bleeding and shock as a result of multiple stabbed wounds on the neck. 5. The accused was escorted to Kitui Hospital where he was admitted and received treatment. He was then charged with murder which was reduced to Manslaughter. The post-mortem form was produced as exhibit 1. P3 form confirming that the accused was treated, exhibit 2 and treatment notes exhibit 3(a) & (b). the accused admitted the facts and was convicted accordingly. The court called for a presentence report and the same was filed by Veronica Nyingi Probation Officer Kitui on 14/10/2025. The report recommends a less severe sentence. 6. On the part of the accused, he urged the court to find that he is remorseful and he has pleaded guilty. He has two daughters with the deceased and he is the only living parent to take care of them. He pleads for leniency as he has been in custody for six years. He is a first offender and blames the offence to a possible mental illness that runs in the family. 7. He pleads with the court to find that he has reformed. While in prison he has studied Theology and was baptised and is now a catechist who teaches others. He produced a certificate of baptism, a certificate of Prisoner’s Journey Program of Good News Global – Kenya in conjunction with Lifelive Global Ministries and other Bible Study Programmes. 8. I have considered the mitigation. The accused plead guilty to the lesser charge and saved courts time. The objectives of sentencing include, proportionality and the court is supposed to pass a sentence that matches the offence committed. The court is supposed to consider the victim impact statement as provided under Section 12(1) Victim Protection Act. The Sentencing Policy Guidelines (Para 23) provides a process through which the court can involve the offender and the victims in sentencing. This is in line with Article 159 of Constitution which provides that justice must be done to all irrespective of status. In this case the accused pleaded guilty and saved court’s time. 9. The objectives of sentencing in this matter should be to achieve deterrence as the offence is prevalent, rehabilitation of the offender and to denounce the offence on behalf of the community. A plea of guilty calls on the courts to treat the offender depending on the circumstances of the case. 10. In this case the accused has urged the court to note that he has reformed and is now a changed man. I have considered the social inquiry report and the community attitude which puts the accused at risk. There is need to punish the accused for the offence for the community to realise that the courts treats the offence with the seriousness that it deserves. Whatever the sentence, the accused shall be released after serving it and be re-integrated in the society. A less severe sentence is recommended. 11. I find that taking all the circumstances of the case I find that a custodial sentence is called for. The accused shall serve ten (10) years imprisonment which runs from 12/9/2019 so as to take into account the time spent in custody in line with Section 333(2) of the Criminal Procedure Code which mandates court to take into account the time spent in custody awaiting trial and reduce the sentence imposed proportionately. DATED, SIGNED AND DELIVERED AT KITUI THIS 30TH DAY OF OCTOBER, 2025. HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19605/eng@2025-10-30 2
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