Republic v Fundi (Criminal Case E051 of 2022) [2026] KEHC 7443 (KLR) (Crim) (2 June 2026) (Sentence) Neutral citation: [2026] KEHC 7443 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL CRIMINAL CASE E051 OF 2022 K KIMONDO, J JUNE 2, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND IBRAHIM MUNDI FUNDI ......................................................................... ACCUSED SENTENCE 1. The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on 23rd February 2026. At the time of that agreement, seven witnesses had testified against him on the original information for murder. 2. It bears repeating that up to that stage, the accused enjoyed the presumption of innocence. The conviction and sentence for manslaughter is now based exclusively on the admitted set of facts in the plea agreement. 3. On 23rd July 2022, Onesmus Thiong’o Njoroge (hereafter the deceased) was talking with Paul Kinyua Muriithi inside the latter’s car at Astrol area in Kayole. The deceased then alighted and walked to the rear of the vehicle. As Paul was about to drive off, he saw the accused grab the deceased by his collar and push him off. As he fell, he was hit by a metallic chair and suffered serious injuries. He was rushed to Reale Hospital but succumbed to his injuries. 4. The accused tried to flee from the scene but was arrested by members of the public. He was re-arrested by the police the same day at about 19:30 hours. 5. The matter was reported to Karagita Police Post and the body removed to Kenyatta University Teaching and Referral Mortuary. According to the post mortem report, the cause of death was “severe https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7443/eng@2026-06-02 1
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blood loss due to chest and abdominal injuries due to blunt force trauma”. I find that the autopsy report (exhibit 1) is consistent with the facts read out at the trial and now fully admitted by the accused. 6. Learned Principal Prosecution Counsel, Ms. M. Kigira, confirmed that the accused is a first offender. However, she sought a custodial sentence owing to the aggravating circumstances and the trauma caused to the deceased’s family. Counsel opined that this will provide an opportunity to the accused for reform and anger management. 7. I have considered the written and oral mitigation tendered by the accused through his learned counsel, Mr. Z. Achapa. The accused prays for mercy. He is remorseful and accepts full responsibility for his conduct. His wife is ailing and requires palliative care. He is also the breadwinner and implored the court to grant him a second chance in life. Learned counsel also submitted that the accused has been in custody since his arrest. He has undertaken various courses in prison as per the annexed certificates. 8. I have studied the pre-sentencing report dated 9th April 2026 under the hand of Ms. M. Kanyangi, Senior Probation Officer, Nairobi. She recommends a lenient or non-custodial sentence. 9. On the other hand is the victim’s family. They are still grieving his death. The deceased was employed by the Kenya Rural Roads Board as a Chief County Procurement Officer. He was married with two children. His mother was fully dependent on him. The homicide has thus caused the family financial distress, significant trauma and a deep sense of loss. 10. I have kept in mind that the accused is a first offender. He is now aged 47 and has expressed genuine remorse. From the admitted facts, the homicide was not premeditated and the key injuries to the deceased seem to have resulted from landing on the metallic chair. I have weighed all this against the gravity of the offence and the lasting impact on the victim’s family. 11. Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. Manslaughter is a grave felony and attracts a sentence of life imprisonment. Granted the facts here and the clear recommendation in the social report, I find that justice of the case demands a mixed custodial and probation sentence. This will afford the accused an opportunity to further introspect, get counselling and be re-integrated with the society. 12. I order that the accused shall first serve four (4) years’ imprisonment. The imprisonment shall run from 23rd July 2022, the date when he was arrested and placed in custody. Thereafter, he shall be released on probation for a period of two (2) years under the care of the relevant probation officer to be appointed by the Director, Probation and After-care Services. In addition, and in accordance with section 4 (3) of the Probation of Offenders Act, he must not commit another offence during his probation, in default of which he will be re-sentenced for the present offence. 13. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court but only on the sentence. A copy of the proceedings and sentence shall be supplied to him immediately. It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF JUNE 2026. KANYI KIMONDO JUDGE Sentence read virtually on Microsoft Teams in the presence ofAccused. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7443/eng@2026-06-02 2
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Ms. Z. Achapa for the accused. Mr. E. Ombuna, Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7443/eng@2026-06-02 3
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