Republic v Mutunga (Criminal Case E004 of 2024) [2026] KEHC 5103 (KLR) (5 March 2026) (Sentence) Neutral citation: [2026] KEHC 5103 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL CASE E004 OF 2024 TM MATHEKA, J MARCH 5, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND MUTETI MUTUNGA .................................................................................. ACCUSED SENTENCE 1. The Accused Person is charged with Murder Contrary to Section 203 as read with Section 204 of the Penal code (Cap. 63) Laws of Kenya. He was tried and found guilty of the murder of his wife Grace Ndanu and was convicted accordingly. 2. The court heard his mitigation and also sought a pre-sentence report from the Probation and After Care Services, PACS. 3. I have carefully considered the mitigation, and the pre-sentence report. 4. The PACS Officer recommends a non-custodial sentence of 3 years on Probation Supervision. 5. This is an offender who, from the report, in a fit of anger, out of an argument with his wife picked a jembe and violently hit her on the head fracturing her skull, breaking part of her spine. She also had other injuries, broken hand and injury on face most probably sustained when trying to defend herself. 6. True, he has expressed remorse. His children with the deceased are now in a Children’s Home but the offence he committed was against his unarmed wife and cannot go unpunished. He was not acting in self defence but violently attacked her causing her death. 7. Is a non-custodial sentence suitable in the circumstances? https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5103/eng@2026-03-05 1
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In the circumstances of this offence and mitigation by the accused and the time spent in custody since his arrest, he is sentenced to serve 25 years’ imprisonment less the period already spent in custody in accordance with s. 333(2) of the Criminal Procure Code. DATED , SIGNED AND DELIVERED VIRTUALLY ON 5TH MARCH 2026 MUMBUA T MATHEKA JUDGE CA Chrispol/Daniel Accused Present Mr. Judah Kioko for accused Ms. Amol for State Signed by/for: LADY JUSTICE MATHEKA, TERESIA MUMBUA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5103/eng@2026-03-05 2
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