REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI HCCRC NO. E014 OF 2020 REPUBLIC ……………………………………………………..PROSECUTOR VERSUS NICHOLAS KATUA KIMULA ALIAS MWALIMU ………………… ACCUSED SENTENCE RULING 1) The accused person NICHOLAS KATUA KIMULA ALIAS MWALIMU was charged with murder contrary to section 204 of the Penal Code. He was found guilty and convicted of murder after a full hearing in the Judgment delivered on 29 th May 2026 2) The issue now is what sentence is available to the accused person. 3) During the sentence and mitigation hearing the prosecution while appreciating that the accused was a first offender – Sentence Ruling HCCRC E014 of 2022 Page 1 of 4
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submitted that the accused person shot and killed his father with an arrow – the killing was unprovoked. 4) . The Pre-sentence report indicates that the offender maintains his innocence – and states that the charges were a set up orchestrated by the step family because he was the favourite son of his father. That he showed no signs of regret – but urged the court to consider his young family. 5) I have carefully considered the Presentence report. The deceased, father of the accused was a polygamous man. The mother of the accused was the 2nd wife. The report shows that the 2 families – of the deceased differ in their attitude towards the offender. His biological siblings – (those of his mother) have no issue with him going back home. The stepfamily – are bitter with him for the manner in which he killed his father. 6) From the evidence the accused not only killed his father but also set the house a blaze and leading to the burning of the body. It was evident that he had intentions to harm the whole step family and his father was the ultimate victim – murder most foul. 7) The section 204 of the Penal Code provides for the death sentence. Punishment of murder Sentence Ruling HCCRC E014 of 2022 Page 2 of 4
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Any person convicted of murder shall be sentenced to death. The Muruatetu case did not outlaw the sentence of death. It only outlawed the mandatory nature of the sentence. 8) While in mitigation the court was urged to exercise leniency, the action of the accused person does not mitigate for leniency. The manner in which it was committed, and the fact that it was against his father. The weapons used and the accompanying arson. 9) Looking at the Sentencing Policy Guidelines on murder this case calls for both retribution and rehabilitation. 10) I have considered the period the accused was in custody. The accused is sentenced to 45 years imprisonment to run from the date of arrest in compliance with s. 333(2) of the Criminal Procedure Code. 11) Right of Appeal 14 days. SENTENCE RULING dated, signed and delivered virtually at Kabarnet High Court this 17th July 2026. MUMBUA T MATHEKA JUDGE In the presence of:Sentence Ruling HCCRC E014 of 2022 Page 3 of 4
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Accused Mr. Musyoki for the state Mr. Mulei hb for Hassan for accused Mwanatumu Court Assistant Sentence Ruling HCCRC E014 of 2022 Page 4 of 4
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