Republic v Wyclife Tinega Omiti Alias William Omiti Alias Wilfred Omiti & 1 other

deceased was found and he had a knife wound in his neck and the house had been ransacked and items stolen including his cell phone make Techno Spark 6; 6. A post mortem was conducted by Doctor Mathiaya and the cause of death was due to multiple injuries from sharp force trauma, that is multiple stab wounds; The Post Mortem Report was produced into Court and was marked as ‘PExh.1’. 7. Investigations were carried out and on 17/04/2023 the accused was arrested in Nyamira and was found using the deceased’s cell phone; he was arrested and brought to Thika when he was unable to produce the Peter who sold the cell phone to him; he was charged with the offence of murder which was later reduced to manslaughter; 8. The accused stated that the facts as narrated were true and correct and the Court proceeded to convict him on his own plea of ‘Guilty’ for the offence of Manslaughter c/s to Section 202 as read with Section 205 of the Penal Code. 9. The accused were represented by Learned Counsel Ms Kimathi whereas Mr. Gacharia was the Prosecuting Counsel for the State; Counsel were invited to make submissions before sentencing; both requested that a Pre-Sentencing Report be prepared to incorporate the views of the victims family and to assist the Court in passing an appropriate sentence. 10. Counsel submitted that the accused was profoundly remorseful and tendered an apology to deceased’s family even though he had not met them he sought their forgiveness for his wrongful actions. 11. The accused had willingly accepted responsibility for his actions by pleading guilty to the manslaughter charges and by doing so had saved the Courts time and conserved judicial time and resources; whilst in remand had time to reflect on his actions which led to an unfortunate situation whereby an innocent life was lost; the accused has never been in conflict with the law and prayed that he be treated as a first offender; He had no prior convictions or criminal history; he was now reformed and had pursued and completed a religious course and prayed that the deceased’s family would find it in their hearts to forgive him; he urged the 12. The accused urged the Court to take into consideration the period he had spent in remand from the date of his arrest. 13. Prosecuting Counsel relied on the Pre-Sentencing Report and submitted that it be utilized to assist in the Court when passing sentencing. Analysis 14. The applicable law on sentencing for the offence of manslaughter is found under the provisions of Section 205 of the Penal Code which reads as follows:Any person who commits the felony of manslaughter is liable to imprisonment for life’ 15. It is the duty of this Court to impose a sentence that meets the facts and circumstances of the case; the aggravating factors are the accused’s actions and the choice of weapon which led to the unfortunate incident in which a precious life was lost; the mitigating factors are that by accepting the Plea Bargain Agreement the accused had not wasted judicial time and spared the deceased’s family from further trauma. 16. Other factors taken into consideration is the Victim Impact Assessment Report; having perused the Report it is noted that the father had not come to terms with the demise of his beloved son and had deep emotional pain and trauma stemming from the tragic loss of his last born child; the accused had https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6241/eng@2026-05-08 2

page 2 of 3

not taken any reconciliatory steps with the family and they were not willing to forgive the accused and were opposed to a non custodial sentence. 17. The accused is fairly young being aged 24 years and the prosecution had no previous record and it was submitted that he be treated as a first offender. 18. Due to the aggravating factors in which a young innocent life was lost, this Court is satisfied that the accused is best suited to serve a custodial sentence to enable him reflect on the offence committed and attend counselling sessions. The appropriate sentence is found to be that of Fifteen (15) years. 19. The Court is satisfied that the accused is deserving of the benefits of Section 333(2) of the Criminal Procedure Code and the period spent in remand from 18/04/2023 be deducted from the sentence. Findings & Determinations 20. Having taken all factors into consideration this Court makes the following findings and determinations: i. The accused is hereby convicted on his own plea of guilty for the offence of Manslaughter. ii. The accused is hereby sentenced to a Fifteen (15) year custodial sentence. iii. The period spent in remand from the date of arrest that is from 18/04/2023 to the date of conviction be deducted from the sentence. Orders Accordingly. DATED, SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 8TH DAY OF MAY, 2026. A. MSHILA JUDGE In the presence of; - Court Assistant. - Prosecuting Counsel for the State. - for the Accused. Accused - present in Court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6241/eng@2026-05-08 3

page 3 of 3