Republic v Waki

Republic v Waki (Criminal Case 24 of 2018) [2026] KEHC 11672 (KLR) (29 July 2026) (Sentence) Neutral citation: [2026] KEHC 11672 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL CASE 24 OF 2018 EN MAINA, J JULY 29, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND ANCETUS MUYSOKI WAKI ...................................................................... ACCUSED SENTENCE 1. I have heard and considered the submissions of both counsel for the accused and the State. Indeed a life lost cannot be regained and this court must jealously guard the sanctity of life. It is precious. 2. This court must however also take into account the circumstances of this offence. The pre-sentence report discloses that the accused and the deceased were good friends and that the occurrence arose from a slur directed at the accused’s family. 3. The pre-sentence report and the medical reports confirm that the family of the accused suffer from mental infirmity. Much as that may not excuse what the accused did, it was evident, and this court found it a fact that he never intended to kill the deceased. 4. There was no way he would have known that the blow would cause death. Nevertheless, it did happen. The family of the deceased has forgiven him and it is not opposed to him being given a non-custodial sentence. 5. A custodial sentence would be the most suitable but given the circumstances of his family, I am inclined to consider a non-custodial sentence. 6. Accordingly, I shall place the accused on probation for a period of three years. Should he commit another offence within that period, then he shall be liable to be sentenced for this offence. 7. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11672/eng@2026-07-29 1

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