Republic v Musyoki (Criminal Case 23 of 2017) [2026] KEHC 5045 (KLR) (5 March 2026) (Sentence) Neutral citation: [2026] KEHC 5045 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL CASE 23 OF 2017 TM MATHEKA, J MARCH 5, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JAMES MUINDE MUSYOKI ....................................................................... ACCUSED SENTENCE 1. On 8/1/2026 the accused was found guilty of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code. 2. He unlawfully caused the death of his father Musyoki Muinde on 26/8/2017. 3. Upon his conviction through his Counsel, Mr. Hassan he mitigated for a non- custodial sentence. 4. The State on its part through, Mr. Musyoki for DPP, was of the view that a non- custodial sentence was not suitable in the circumstances of the offence as manslaughter is a serious offence carrying a sentence of life imprisonment. 5. I sought a Pre-Sentence Report from Probation and After Care Services (PACS). 6. It is recommended that the offender be placed on Probation Supervision for three years. 7. The Penal Code provides 205. Punishment of manslaughter Any person who commits the felony of manslaughter is liable to imprisonment for life. 8. The Accused Person herein killed his father, denied it and spent 9 years in Remand. 9. Today the PACS Report indicates that the family sat down (post-conviction) and decided that they were forgiving him. While that is a welcoming move, it can only be considered as a mitigating factor, https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5045/eng@2026-03-05 1
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a demonstration that the family and community are willing to have him back to the community. Otherwise, from the offender’s explanation he was always aware of the circumstances, and so was the family but he has spent 9 years in remand custody pending the trial of this case. 10. What then is the appropriate sentence? 11. I have considered the mitigation by the Accused Person. I have considered the circumstances of the case and the PACS report I have also considered the period he has spent in remand custody. I have taken into account the guidance for the SPG’s 2023 on sentencing. The accused is a first offender and has expressed remorse. He is sentenced to 15 years’ imprisonment to start from the day he was remanded in custody on 28/8/2017 in accordance with s. 333(2) of the Criminal Procedure Code Orders accordingly DATED, SIGNED AND DELIVERED VIRTUALLY ON 5TH MARCH 2026 MUMBUA T MATHEKA JUDGE Chrispol/Daniel - CA Accused Present Ms. Amol for State Mr. Hassan for the Accused https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5045/eng@2026-03-05 2
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