Republic v Stephen Mukoma Mutua & 1 other

Republic v Mutua (Criminal Case E004 of 2025) [2026] KEHC 7619 (KLR) (28 May 2026) (Sentence) Neutral citation: [2026] KEHC 7619 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL CASE E004 OF 2025 EN MAINA, J MAY 28, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND STEPHEN MUKOMA MUTUA .................................................................. ACCUSED SENTENCE 1. This court has considered the able submissions of Counsel for both sides. It has also considered the pre-sentence report. It has also considered the circumstances of this case and taken note that this was an offence which was committed at the spur of the moment and indeed there was no intention (malice aforethought) to kill the deceased. 2. This court has also taken note of the fact that the accused pleaded guilty to the offence. 3. I have also taken note of the reconciliation between the family of the deceased and that of the accused. Reconciliation and compensation are however undertaken just so that the accused person is accepted back into the community once he has completed his punishment. They do not preclude the court from imposing punishment for the crime. 4. Taking everything into account, including the fact that the accused is a first offender, I hereby sentence the accused person to imprisonment for a term of eight (8) years. It is instructive that the offence of manslaughter carries a sentence of life imprisonment. 5. In order for the sentence to comply with Section 333(2) of the Criminal Procedure Code, it shall be computed to run from the date of arrest which is 5th January 2025 (as per the accused). Right of Appeal to the Court of Appeal is explained. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7619/eng@2026-05-28 1

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