Republic v Jushua Kyema Wambua & 1 other

Republic v Wambua (Criminal Case E008 of 2024) [2026] KEHC 11398 (KLR) (28 April 2026) (Sentence) Neutral citation: [2026] KEHC 11398 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KWALE CRIMINAL CASE E008 OF 2024 F ANDAYI, J APRIL 28, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JUSHUA KYEMA WAMBUA ...................................................................... ACCUSED SENTENCE 1. I have considered the mitigation by the accused person through his counsel. 2. I have also considered the pre-sentence report dated 7/4/2026 filed by the Probation and Aftercare department. Largely, the report is positive that the accused person is a good person and that he posses no risk to the family members and the community. 3. However, some members of the extended family feel that he should be incarcerated while others like his mother and brother plead for a non-custodial sentence for him. 4. I have considered the circumstances under which the ofience was committed. It appears to have been through an act of desperation noting from the pre-sentence report that the accused person is said to have been financially challenged at the time as he had recently stolen his same grandmother’s KShs. 50,000/=. The court has asked him whether that information is correct and he has confirmed that it is. 5. Even as counsel pleads for lenience, the report indicates that the accused person is not remorseful. It is his right to maintain his innocence even as the court has found him guilty of the ofience of murder. 6. The ofience he committed is serious. The accused person requires to undergo rehabilitation and come to terms with the fact that taking away the life of a human being, whatever the age is reprehensible and thus a commensurate and appropriate sentence is called for. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11398/eng@2026-04-28 1

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