Republic v Musyoka (Criminal Case E013 of 2025) [2026] KEHC 4306 (KLR) (18 February 2026) (Sentence) Neutral citation: [2026] KEHC 4306 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL CASE E013 OF 2025 LW GITARI, J FEBRUARY 18, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND ROBERT MUSYOKA ................................................................................... ACCUSED SENTENCE 1. The Accused was charged with murder. The state accepted his offer of plea bargaining which the state accepted and the accused was charged with manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. 2. He pleaded guilty to the charge. The facts were read out to him and he freely accepted. He was treated as a first offender. Mitigation were filed by his learned counsel Ms. Amihanda. She submits that the accused has fully accepted responsibility for his actions and stands remorseful. 3. That by pleading guilty he has saved court’s time and is a strong mitigating factor. That he has spared witness particularly family members from the trauma of testifying and demonstrated his acceptance of wrong doing. 4. That he is remorseful and regrets his actions. That the incident was as a result of a long-standing family dispute marked by unresolved family tensions. That accused acted in a moment of emotional destress, not with premeditation or malice aforethought. 5. That accused is a first offender. She has urged the court to consider the case of Francis Karioko Muruatetu & Another -vs- Republic where the court stated that sentencing must be individualized, taking into account rehabilitation, restorative justice, proportionality and circumstances of the offender. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4306/eng@2026-02-18 1
page 1 of 2
6. That for the accused rehabilitation would be better served by a lenient sentence. The state has urged the court to consider the circumstance of the offence. That the victim was accused’s father who he killed in a most inhuman manner. That accused should be accountable for his actions. That a custodial sentence is called for. 7. I have considered the mitigation and what the state counsel has stated. This is no doubt a most heinous crime. The accused killed his own father in a most cruel and inhuman manner. Though he says he is remorseful and I don’t doubt that he is in view of his demeanor which I have observed and the mitigation. 8. The plea agreement has saved court’s time and saved the family from the trauma of coming to give evidence against their kinsman. The court had called for a Probation Oficer’s Report. States that the victims are bitter and even the youngest grandchildren could not entertain the idea of his returning home soon and have vowed to harm him. 9. This stems from the fact that he has not shown remorse or even seek forgiveness from the family members. The community is also not willing to have him in their midst and cannot guarantee his safety. 10. Taking all these factors into consideration, the sentence imposed is one that will give the family and the community time to heal. It will also give him time to be rehabilitated and to overcome. The offence of manslaughter carries a maximum sentence of life imprisonment. However, since he is a first offender and is remorseful and has pleaded guilty, I will treat him with some degree of leniency. 11. The accused to serve fifteen (15) years imprisonment. The sentence to run from 20/15/2025 to take into account the time spent in custody in line with Section 333(2) of the Criminal Procedure Code. DATED, SIGNED AND DELIVERED AT KITUI THIS 18TH DAY OF MARCH 2026 HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4306/eng@2026-02-18 2
page 2 of 2