Republic v Monene (Criminal Case E013 of 2023) [2025] KEHC 19784 (KLR) (14 November 2025) (Sentence) Neutral citation: [2025] KEHC 19784 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL CASE E013 OF 2023 TA ODERA, J NOVEMBER 14, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JEFFERSON MOMANYI MONENE .......................................................... ACCUSED SENTENCE 1. Accused was previously charged with the offence of Murder Contrary to Section 203 as read with 204 of the Penal Code. He later entered into a plea bargain agreement with prosecution and the charge was reduced to manslaughter contrary to Section 202 as read with 205 of the Penal Code. He pleaded guilty to manslaughter and he was accordingly convicted. This case is now coming up for sentencing. 2. The pre-sentence report indicates that the community at home is not ready to receive him as tension is still high between his family and that of his wife as the families are yet to reconcile. The community indicated that he is a drug addict and a bad influence and they fear that his release at this point may cause preach of their peace and his security may not be guaranteed. However, his wife who is the mother to the deceased attended court on 8.10.25 and stated that her family and that of accused reconciled and have a cordial relationship. She said she does not stay at home but in Nakuru. The mother to deceased may thus not be in touch with the situation on the ground. 3. In the Indian case of Alister Anthony Pereira vs State of Maharashtra at paragraphs 70-71 had this to say on sentencing: “ 70. Sentencing is an important task in the matters of crime. One of the prime objectives of the criminal law is imposition of appropriate, adequate, just and proportionate sentence commensurate with the nature and gravity of crime and the manner in which the crime is done. There is no strait jacket formula for sentencing an accused on proof of crime. The courts have evolved https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19784/eng@2025-11-14 1
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certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances. 71. The principle of proportionality in sentencing a crime doer is well entrenched in criminal jurisprudence As a matter of law, proportion between crime and punishment bears most relevant influence in determination of sentencing the crime doer. The court has to take into consideration all aspects including social interest and consciousness of the society for award of appropriate sentence.” 4. The pre-sentence report indicates that the community at home is not ready to receive him as tension is still high between his family and that of his wife as the families are yet to reconcile. The community indicated that he is a drug addict and a bad influence and they fear that his release at this point may cause preach of their peace and his security may not be guaranteed. However, his wife who is the mother to the deceased attended court on 8.10.25 and stated that her family and that of accused reconciled and have a cordial relationship. She said she does not stay at home but in Nakuru. The mother to deceased may thus not be in touch with the situation on the ground. 5. I have taken into I account mitigation, the fact that the offender was a step father of the deceased who was a helpless child aged 4, the nature of the offence, its circumstances, the presentence report, the fact that he saved judicial time by entering into a plea bargain agreement. I am guided by the principles set out in the case Alister Anthony Pereira vs State of Maharashtra and the JKK cases (supra). I find that though the offender has pleaded guilty, he killed an innocent helpless child in the most gruesome manner and the pre-sentence report is not favourable to him as the community is still not ready to receive him back and so his security is not guaranteed at home. I also take judicial notice of the prevalence of the offence of manslaughter within the Jurisdiction of this court. A custodial sentence is thus necessary custodial sentence is thus necessary for purposes of correction, deterrence and retribution. 6. I proceed to sentence the offender to fifteen (15) years imprisonment. The sentence to be computed from 17.4.23 when he was first remanded in custody. 14 days Right of Appeal. DELIVERED VIRTUALLY IN THE PRESENCE OF: T. A ODERA JUDGE 14. 11.25 The Offender Miss Nduhukire for the Accused Court Assistant – Kipchirchir https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19784/eng@2025-11-14 2
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