Republic v Khatera (Criminal Case 24 of 2019) [2026] KEHC 6545 (KLR) (28 April 2026) (Sentence) Neutral citation: [2026] KEHC 6545 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL CASE 24 OF 2019 AC BETT, J APRIL 28, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND JOHN ATSANGO KHATERA .................................................................... ACCUSED SENTENCE 1. In a Judgement delivered on 18/11/2025, the Accused was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. 2. The Accused was found guilty of killing his son in an unfortunate incident where in the cause of disciplining the boy, the deceased sustained a head injury which proved fatal despite the Accused rushing him to hospital. The Accused surrendered himself to the police after the incident but pleaded not guilty to the offence thereby necessitating a trial. 3. In mitigation, the Accused pleaded for leniency and for a non-custodial sentence. He said that he did not intend to kill the deceased as was demonstrated by his actions after the incident. He submitted that he is the sole breadwinner of his family comprising three (3) children who are still in school. 4. The prosecution was not opposed to the plea for a non-custodial sentence in view of the circumstances. 5. Apart from the pre-sentence report, the court sought the view of the victim’s mother and one Inyanji Musichi said that as the victim’s mother and the Accused person’s wife, her prayer was that the Accused be released to enable him take care of the other children whom she said were in need of food, shelter and clothing. She said that the family had forgiven the Accused. 6. I note that the witness who gave the victim impact statement and claimed to be his mother is the stepmother. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6545/eng@2026-04-28 1
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7. The pre-sentence report indicates that the victim’s biological mother is one Selah Adanje, a former wife of the Accused. The Accused is depicted as a violent person whose first born child passed away under mysterious circumstances. 8. The report reveals that the Accused’s attitude towards the offence refiects a failure to appreciate the gravity of the offence and its profound impact on the victim's family and the wider community. 9. The aggravating factors are that the Accused severely assaulted his son who depended on him for care and protection over a suspicion of theft of a meagre sum of Ksh. 100/=. 10. The mitigating factors are that the Accused showed remorse as is demonstrated by his rushing the victim to hospital, he is a first-time offender and has heavy family responsibilities as the sole bread winner of his family and whose children depend on him for their education. 11. The above factors and the Judiciary Sentencing Policy Guidelines (2023) inform the court of the need not to lose sight of the objectives of punishment even as we consider the mitigating and aggravating factors. The overriding objectives in this case is the need to mete out a deterrent sentence aimed at protecting vulnerable children. 12. The Accused is sentenced to five (5) years imprisonment followed by three (3) years in probation as the court finds that a non-custodial sentence will not be appropriate. The Accused was arraigned in court on 2/5/2019 and released on bond on 8/5/2019. Thereafter, he remained out on bond until his conviction on 18/11/2025 when he was committed to custody. The time spent in custody shall be taken into account in computing his sentence. 13. Those are the orders of the court. DATED, SIGNED, AND DELIVERED AT KAKAMEGA, THIS 28TH DAY OF APRIL 2026. A. C. BETT JUDGE In the presence of: Ms. Chala for the Prosecution Mr. Munyendo for the Accused Court Assistant: Polycap https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6545/eng@2026-04-28 2
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