Republic v Mulwa alias Mboi (Criminal Case 19 of 2020) [2026] KEHC 12333 (KLR) (31 July 2026) (Sentence) Neutral citation: [2026] KEHC 12333 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL CASE 19 OF 2020 TM MATHEKA, J JULY 31, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND SAMMY MULWA ALIAS MBOI ................................................................. ACCUSED SENTENCE 1. The offender was found guilty and convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code. I heard submissions on the sentence and mitigation from the prosecution and the defence counsel. 2. I sought a pre-sentence report. When the report came filed on 22/5/2026 it had annextures to demonstrate that the accused person through his clan had entered into a reconciliation and there was restoration of relations through the customary payment of a cow and a goat 3. The minutes and agreements had not been translated, there was no evidence of participation of the family of the deceased. 4. I directed that the necessary be done. 5. Vide a further report from Probation and After Care Services filed on 23/7/2026 the documents have been translated and evidence availed to show that the family of the deceased participated. 6. What is clear from the record is that the 2 clans – that of the deceased ‘Akitondo’ and that of the accused ‘Ambua’ – did the customary rites of paying a cow and a goat and Kshs 30,000/= towards the burial expenses. 7. That having been done – any bad blood that may have arisen between the 2 families has been settled. However, the 2 clans did not deal with the individual conduct of the accused person as to what would be expected of him – should he go back to the community. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12333/eng@2026-07-31 1
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8. Clearly – the punitive part of his has been left with the court. The accused is a 1st offender, he is remorseful – he is young – the death was from a single stab wound – he has been in custody since the 6th June 2023. 9. The offence of manslaughter carries a maximum life sentence – in the circumstances of this case – applying section 333(2) of the Criminal Procedure Code the accused is sentenced to 7 (seven) years; imprisonment with effect from 6th June 2023. SENTENCE RULING DATED SIGNED AND DELIVERED VIRTUALLY AT KABARNET THIS 31ST JULY 2026. MUMBUA T MATHEKA JUDGE In the presence of:Accused person Ms Ong’ong’a for accused Ms. Musango for State CA Chrispol https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12333/eng@2026-07-31 2
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