https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8468

Republic v Barak (Criminal Case E046 of 2022) [2026] KEHC 8468 (KLR) (Crim) (18 June 2026) (Sentence) Neutral citation: [2026] KEHC 8468 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case E046 of 2022 K Kimondo, J June 18, 2026 Between Republic Prosecution and Kevin Oduor Barak Accused Sentence 1.The accused murdered his wife Medrine Magova alias Mama Manu (hereafter the deceased) on 4th July 2022 at Githaturu, Korogocho area. 2.The circumstances surrounding the offence are detailed in the judgment delivered on 17th February 2026. In summary, the deceased threw some stones or sticks towards the accused whom she accused of having another wife. The accused then hit the deceased on the head with a plank of wood that had a nail. The post mortem examination revealed the deceased had extensive injuries including defensive bruises on the left-upper limb on the back and right elbow area. 3.I have taken into account the address by the learned prosecution counsel, Ms. Kigira. The republic seeks a custodial sentence arguing that there are aggravating circumstances. She submitted that the accused has not made any efforts towards reconciliation with the victim’s family; and, that the latter are still reeling from the murder. Counsel referred at length to the pre-sentencing report and the risk of recidivism in this case. 4.I have then considered the mitigation by the accused through his learned counsel, Mr. Nzomo. He said that the accused is remorseful and prays for leniency. He is also a first offender. Counsel submitted that the offender had a troubled childhood which may explain the offence. He has been in custody for four years during which period he has undergone reform. Referring to the pre-sentencing report, counsel stated that the community is willing to re-accept the accused. He prayed for a non-custodial sentence to re-unite the accused with his young son and the society. 5.I have then considered the pre-sentencing report dated 11th March 2026 under the hand of Mr. Kiriga Kimani, Probation Officer, Nairobi. He recommends a custodial sentence. 6.The views of the victim’s family are well captured in the social report. The family “remains deeply affected psychologically and emotionally” by the loss. It has added a financial burden of taking care of the deceased’s children. Furthermore, neither the accused nor his family has made any attempt towards reconciliation. 7.Murder is a grave felony that attracts the death penalty. However, following the Supreme Court decision in Francis Karioko Muruatetu & another v Republic, Consolidated Petitions Nos. 15 & 16 of 2015 [2017] eKLR, the mandatory nature of the death sentence as provided for under section 204 of the Penal Code was declared unconstitutional. 8.It bears repeating that the decision did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence. Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. 9.I find that justice in this case calls for a custodial sentence. I sentence the accused to fifteen (15) years imprisonment. However, and in accordance with section 333 (2) of the Criminal Procedure Code, the sentence shall run from 4th July 2022 the date when he was first arrested and placed in custody for this offence. 10.The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court. A copy of the proceedings, judgment and sentence shall be supplied to him immediately.It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18TH DAY OF JUNE 2026.KANYI KIMONDOJUDGESentence read virtually on Microsoft Teams in the presence of-Accused.Ms. Owino holding brief for Ms. M. Kigira for the republic instructed by the Office of the Director of Public Prosecutions.Mr. P. Nzomo for the accused instructed by Mwirigi Nzomo & Company Advocates.Mr. E. Ombuna, Court Assistant.