Republic v Namono (Criminal Case E069 of 2022) [2026] KEHC 2119 (KLR) (Crim) (25 February 2026) (Sentence) Neutral citation: [2026] KEHC 2119 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL CRIMINAL CASE E069 OF 2022 K KIMONDO, J FEBRUARY 25, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND SARAH NAMONO ....................................................................................... ACCUSED SENTENCE 1. The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on 1st October 2025. At the time of that agreement, two witnesses had testified against her on the original information for murder. 2. It bears repeating that up to that stage, the accused enjoyed the presumption of innocence. The conviction and sentence for manslaughter is thus based exclusively on the admitted set of facts in the plea agreement. 3. On 22nd September 2022 a bitter acrimony erupted between the accused and her co-wife, Grace Kibone (hereafter the deceased). It was at their husband’s business premises along Juja Road. The deceased emptied the accused’s chicken stew into a nearby trench. It led to a fight but the two were separated. 4. The accused, who had hidden a knife in her clothing, left telling the deceased that it would be the last time she saw their husband. 5. The following day, at around 9:30 p.m., the accused returned to the husband’s business premises and stabbed the deceased. The deceased fell down but the accused jumped on top of her and continued stabbing her in the neck and face. She then pushed her into a nearby trench. As the deceased attempted https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2119/eng@2026-02-25 1
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to run away, the accused threw stones at her saying “wewe utakufa”. She also threatened Anthony Mulwa who tried to help the deceased and told him, “hata wewe nitakuua”. 6. The deceased was rushed to MSF Hospital but she succumbed to her injuries. The accused was arrested by members of the public from her house and given a thorough beating. She was rescued by the police and taken to the same hospital for treatment and eventually booked at Pangani Police Station. 7. From the post mortem examination conducted by Dr. Grace Midigo, the cause of death was “massive haemorrhage due to incisive wound to the internal jugular vein left side of the neck”. I find that the autopsy report is consistent with the facts read out at the trial and now fully admitted by the accused. 1. Learned prosecution counsel, Ms. M. Kigira, confirmed that the accused is a first offender. She however sought a deterrent sentence taking into account the gravity of the offence and other aggravating circumstances. 2. I have considered the mitigation tendered by the accused. She regrets her conduct and said that the deceased was her friend. She emphasized that the homicide occurred in the course of a fight. She has children that they were bringing up together with the deceased and who now require her care. She prayed for leniency granted all the circumstances of this case. 3. I have also perused the pre-sentencing report dated 17th September 2025 under the hand of Ms. Salome Muthoni, Probation Officer, Nairobi. She does not recommend a non-custodial sentence. 4. On the other hand is the victim’s family. The deceased was a Ugandan national aged 32. Her three minor children are now living with their maternal grandmother in Mbale, Uganda. The report adds that “the victim was a pillar to her family financially. Their emotional, psychological and mental state has greatly been affected, with the father losing hope of a better life as the victim was their source of inspiration and financial support”. 5. I have kept in mind that the accused is a first offender. She is now aged 33 and has expressed genuine remorse. I have weighed it against the gravity of the offence and the lasting impact on the victim’s family. The accused used a sharp knife to cut the deceased on the neck severing her external jugular vein. After the initial attack, she stomped on the victim and continued to stab her on the face and neck. Even as the deceased attempted to escape, the accused continued to pelt her with stones. 6. The deployment of such lethal force negates the claims of lack of intent. This a major aggravating factor. 7. Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. Manslaughter is a grave felony and attracts a sentence of life imprisonment. Despite the mitigation, I find that justice of the case demands a substantial custodial sentence. It will be a lesson to the accused and afford her full opportunity for reform and anger management. 8. I accordingly sentence the accused to serve ten (10) years in jail. In accordance with section 333 (2) of the Criminal Procedure Code, the sentence shall run from 23rd September 2022, the date when she was first arrested and placed in custody. 9. I also note that the accused is an undocumented immigrant. Accordingly, I further order that upon completion of her sentence, she shall be deported to Uganda. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2119/eng@2026-02-25 2
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10. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court but only on the sentence. A copy of the proceedings and sentence shall be supplied to her immediately. It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF FEBRUARY 2026. KANYI KIMONDO JUDGE Sentence read virtually on Microsoft Teams in the presence ofAccused. Ms. M. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions. Mr. E. Ombuna, Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2119/eng@2026-02-25 3
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