Republic v Andrew Murithi Mbui & 1 other

Republic v Mbui & another (Criminal Case E075 of 2022) [2026] KEHC 2435 (KLR) (26 February 2026) (Sentence) Neutral citation: [2026] KEHC 2435 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CRIMINAL CASE E075 OF 2022 HM NYAGA, J FEBRUARY 26, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND ANDREW MURITHI MBUI ................................................................. 1ST ACCUSED PATRICK GIKUNDI LAIBU ................................................................ 2ND ACCUSED SENTENCE 1. The accused persons were convicted on the ofience of manslaughter contrary to section 202 as read with section 205 of the Penal Code, for lack of malice aforethought. 2. A pre-sentence report has been filed, contents of which I have considered. 3. I have also considered the submissions by the advocate for the accused. 4. The deceased died in circumstances that were avoidable. He was being disciplined for an unknown transgression. 5. It is common in this region for members of the public to result to local means to deal with disputes of every kind. 6. While Alternative Dispute Resolution (ADR) is encouraged, it cannot extend to illegal acts, such as the assault on the deceased and Kirianki (PW4). Kirianki was lucky to survive. 7. Considering all factors, I hereby sentence each accused person to ten (10) years imprisonment. The accused persons were out on bond so the sentence will begin from 27th January 2026 when they were remanded in custody after their conviction. 8. Right of Appeal is explained. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2435/eng@2026-02-26 1

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