Republic v Malala & 3 others (Criminal Case E013 of 2022) [2026] KEHC 7658 (KLR) (2 June 2026) (Sentence) Neutral citation: [2026] KEHC 7658 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL CASE E013 OF 2022 REA OUGO, J JUNE 2, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND JOHN KWEYU MALALA ..................................................................... 1ST ACCUSED PETER MUKHWANA MALALA ........................................................ 2ND ACCUSED MICHAEL ANCHERI MALALA ......................................................... 3RD ACCUSED AYUB ODHIAMBO MALALA ............................................................. 4TH ACCUSED SENTENCE 1. John Kweyu Malala (1st accused), Peter Mukwana Malala (2nd accused), Michael Ancheri Malala (3rd accused) and Ayub Odhiambo Malala (4th accused) were charged with the offence of murder, and each accused person was found guilty and convicted of that offence. 2. This ruling is on sentence. This court sought a pre-sentence report on each accused person. I have read and considered the contents of each report. Each accused person is a first offender. Each is said to be hardworking in the community with no history of criminality levelled against them. The report informs the court that it exercises its discretion in determining the appropriate sentence. 3. I have also considered the mitigation submitted by the accused persons' counsel regarding the role of each accused person. Counsel stated that the offence occurred without premeditation and that the fatal injuries were impulsive and reckless rather than planned. The counsel further stated that the accused persons are remorseful, have taken full responsibility for what happened, and seek leniency and a favourable sentence. 4. I have considered the sentencing guidelines and the circumstances surrounding the deceased's death. A life was lost, and a family has been left without a father. The deceased's family has indicated that it https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7658/eng@2026-06-02 1
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has not been easy for them. Murder is a serious offence. I am of the view that a custodial sentence is appropriate. I therefore sentence each accused person to serve a term of imprisonment of 20 years. The period they have been in custody shall be taken into account in accordance with Section 333(2) of the Criminal Procedure Code. SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 2ND DAY OF JUNE 2026. R E OUGO JUDGE In the presence of: Accused Nos. 1,2,3 & 4 Miss Gacau for the State Miss Wakoli for the accused persons Wilkister C/A https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7658/eng@2026-06-02 2
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