REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCRC E011 OF 2023 BETWEEN REPUBLIC........................................................................ ........PROSECUTION AND JOSEPH MOMANYI NYAKABA alias BOI...............................ACCUSED SENTENCING RULING 1. On 28th May 2026, this court convicted the accused, Joseph Momanyi Nyakaba alias Boi, of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. 2. Upon conviction, I directed that a pre-sentence report be prepared before sentence could be pronounced. The report, dated 7th July 2026, has since been filed and considered by the court. 3. I have considered the mitigation by the accused, the submissions of learned counsel, and the contents of the presentence report. The report confirms that the accused is a first offender with no previous criminal record. It further indicates that he is married with three school-going children who depended on him as their sole breadwinner. His family
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describes him as a responsible and hardworking person and pleads for leniency. 4. The accused has expressed remorse for the offence and seeks an opportunity to reform. The report further reveals that the local administration and members of the community do not consider him a continuing danger and are supportive of a lenient custodial sentence. 5. Conversely, the deceased's family continues to suffer immense emotional and psychological pain arising from the loss of their loved one. They strongly oppose a non-custodial sentence and urge the court to impose a sentence that reflects the gravity of the offence and affords them justice and closure. Although the probation officer recommends a lenient custodial sentence, the report acknowledges the seriousness of the offence and its devastating impact upon the deceased's family. 6. I have given due weight to the mitigating factors. The accused is a first offender and has expressed remorse. These are relevant considerations. However, they cannot eclipse the gravity of the offence. A human life was unlawfully and violently taken. The deceased suffered fatal head and chest injuries following an assault by the accused, and his family
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has been left to endure an irreplaceable loss. No sentence imposed by this court can restore the life that was lost. 7. Sentencing must strike a balance between the interests of the offender, the rights of the victims, and the wider interests of society. It must be proportionate to the seriousness of the offence while advancing the objectives of punishment, deterrence, rehabilitation, denunciation, and the protection of the public. In the circumstances of this case, the aggravating factors outweigh the mitigation. Although the accused is deserving of an opportunity for rehabilitation, the sentence imposed must also reflect society's condemnation of the unlawful taking of human life. 8. Having considered all the circumstances of this case, the mitigation, the pre-sentence report, and the applicable sentencing principles, I am satisfied that a substantial custodial sentence is appropriate. 9. Accordingly, I sentence the accused, Joseph Momanyi Nyakaba alias Boi, to thirty (30) years' imprisonment. 10. Pursuant to section 333(2) of the Criminal Procedure Code, the sentence shall run from 22nd May 2023, the date on which the accused was first remanded in custody. DELIVERED AT NYAMIRA THIS 2026 09th DAY OF July
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WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Anita Accused - Present For Accused - Mr. Arosi Advocate For the DPP - Mr. Chirchir (SADPP)
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