Republic v Chebi (Criminal Case E116 of 2021) [2026] KEHC 9394 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEHC 9394 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL CASE E116 OF 2021 S MBUNGI, J MAY 26, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND FRED SEPOLIKA CHEBI ............................................................................ ACCUSED RULING 1. The Court is called upon to determine whether to admit and adopt the plea agreement entered into between the State and the accused person, FRED SEPOLIKA CHEBI, pursuant to Sections 137A– 137O of the Criminal Procedure Code, Cap 75 Laws of Kenya. 2. The accused was initially charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. Subsequently, the parties entered into a plea agreement under which the accused agreed to plead guilty to the lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Issues for Determination 3. The Court must satisfy itself that: i. The plea agreement was entered into voluntarily; ii. The accused understands the nature and consequences of the agreement; iii. There exists a factual basis for the plea; iv. The agreement complies with the law. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9394/eng@2026-05-26 1
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Analysis 4. From the record, the accused confirms that he entered into the agreement freely, voluntarily, and without coercion, threats, or undue influence. He has also acknowledged understanding the contents and implications of the agreement. 5. The accused has been informed of his constitutional rights, including: 6. 7. a. The right to a full trial, b. The right to call and cross-examine witnesses. c. He has expressly waived these rights and opted to plead guilty. The facts presented disclose that: i. The accused caused the death of the deceased through assault using crude weapons; ii. Witnesses directly observed the accused attacking the deceased; iii. The cause of death was confirmed by a government pathologist as multiple injuries due to assault. These facts sufficiently establish the ofience of manslaughter .The plea agreement therefore complies with the provisions of Sections 137A–137O of the Criminal Procedure Code. There is no indication of illegality or impropriety. Determination 8. Having carefully considered the plea agreement, the Court is satisfied that: i. The accused entered into the agreement knowingly and voluntarily; ii. The accused understands the consequences; iii. There is a sufficient factual basis for the charge of manslaughter; iv. The agreement meets all legal requirements. Orders 1. The plea agreement is hereby accepted. 2. The charge of murder is substituted with that of manslaughter. 3. The charge of manslaughter contrary to section 202 as read with Section 205 of the penal code shall be read to the accused. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 26th DAY OF MAY 2026. S.N MBUNGI JUDGE In the Presence of:CA: Velma/Zilda Ms Chala for ODPP present online. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9394/eng@2026-05-26 2
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