Nthiga v Republic (Criminal Revision E039 of 2025) [2026] KEHC 9331 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9331 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA CRIMINAL REVISION E039 OF 2025 RL KORIR, J JUNE 25, 2026 BETWEEN PETER MURITHI NTHIGA .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Peter Murithi Nthiga (Applicant) was convicted of the ofience of manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was initially charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. 2. The particulars of the ofience were that on 22nd day of July, 2020 at Karandini Area Mwonge Sublocation, Nkiru South Sub-County within Tharaka Nithi County, unlawfully killed Esther Kina Njue. 3. Mid-way in the trial, the Applicant pleaded guilty upon plea agreement and was duly convicted of the lesser ofience of manslaughter. He was sentenced to serve 20 years’ imprisonment. In sentencing the Applicant, the court observed that the death had resulted out of domestic violence, a vice which needs to be discouraged. The court went on to state further that the deceased did not deserve to die in the manner she did, and that the appropriate sentence was a deterrent custodial sentence. 4. The Applicant has now approached this court seeking to be resentenced and to be granted a noncustodial sentence. 5. The Application is opposed by the Respondent. In submissions dated 20th April 2026, the Respondent stated that the sentence was legal, just and fair and that the trial judge had considered all the relevant factors and arraigned at a proper sentence in the circumstances. 6. This court holds the view that it ought not to review the sentence which was meted out by a court of equal and paralegal jurisdiction. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9331/eng@2026-06-25 1
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7. The Applicant was tried and sentenced by the High Court. He has not demonstrated any violation of his fair trial rights or any omission by the trial court to warrant review. 8. With respect to the prayer for non-custodial sentence the court meted out the custodial sentence after considering the circumstances of the case and all relevant factors including the seriousness of the ofience. 9. In sentencing the Applicant, the court ordered that the sentence run from date of pre-trial custody. His prayer for inclusion of the time spent in pre-trial custody was therefore spent. 10. The Application is declined. The Applicant shall serve the sentence meted by the trial court. RULING DELIVERED, DATED AND SIGNED AT CHUKA THIS 25TH DAY OF JUNE, 2026. R. LAGAT - KORIR JUDGE Ruling delivered in the presence of Applicant acting in person, Ms Gakumu for the Republic. Muriuki Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9331/eng@2026-06-25 2
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