Njagi v Republic (Miscellaneous Criminal Application E044 of 2025) [2026] KEHC 9366 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9366 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA MISCELLANEOUS CRIMINAL APPLICATION E044 OF 2025 RL KORIR, J JUNE 25, 2026 BETWEEN STEPHEN MUGAO NJAGI .................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Stephen Mugao Njagi (Applicant) was charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on the night of 4th and 5th February, 2022 at Mukui village Kathanje sub-location, Mutino location, IgambaNg’ombe SubCounty he unlawfully murdered Benson Nyaga Njagi. 2. The deceased is the Applicant’s elder brother. 3. Upon plea agreement, the Applicant was convicted on his own guilty plea of the lesser ofience of manslaughter contrary to section 202 as read with section 205 of the Penal Code. 4. In the sentence issued on 3rd August 2022 Gitari J. who was the trial judge in the case stated:“ I have considered the fact that the accused entered a plea agreement with the State and pleaded guilty. This has saved court’s time. I have also noted the mitigation by the accused person which shows that the deceased had provoked him. I however note that the accused used excessive force against his own brother. I have also considered the pre-sentencing report which is not favourable for a non- custodial sentence. From the social inquiry report, a custodial sentence is called for to give the accused time to change and to keep him away from illicit drugs and alcohol. It will also give him time to rethink his life. I sentence the accused to twelve (12) years imprisonment. “ https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9366/eng@2026-06-25 1
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5. The court further ordered that the sentence would run from 28th February 2022 when he was remanded in custody to await trial. 6. The Applicant filed the present Application seeking that the period he spent in pre-trial custody be taken into account and the sentence be reduced proportionately. He also prays that his sentence be varied into a non-custodial one. 7. In lengthy submissions, filed in support, the Applicant urged that he would serve an excessive sentence if his application was not allowed and his rights under the constitution would thus be violated. 8. The Respondents opposed the Application. In submissions dated 20th April 2026, the Respondents urged that the sentence was meted by a court of equal and competent jurisdiction which also ordered that the sentence run from the date of pre-trial custody. The Respondent further urged that the Applicant had not demonstrated any prejudice. 9. I have considered the Application with respect to the claim that the pre-trial custody was not taken into consideration, the record has spoken. The court ordered clearly that the sentence was to run from the date of 28th February 2022 when accused was remanded in custody to await trial. The prayer is therefore spent. 10. On the prayer for non-custodial sentence, it was also clear from the record that the court considered presentencing report and came to the conclusion that the Applicant was not suitable for a non-custodial sentence and would benefit from custodial rehabilitation. 11. It is trite that sentencing is at the discretion of the trail court in this case having considered the circumstances of the case including all aggravating factors sentenced to serve 12 years’ imprisonment. 12. The Applicant having plea bargained can only appeal his sentence to the Court of Appeal. 13. The Application is dismissed. 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 Rukunga for the Republic. Muriuki Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9366/eng@2026-06-25 2
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