https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11727

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MILINANI NAIROBI** **CRIMINAL CASE NO E077 OF 2023** **REPUBLIC-----------------------------------------------------------PROSECUTION** **VERSUS** **HACHALU WAYESU EMAMU---------------------------------------ACCUSED** **SENTENCING** 1. The accused person was charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence that on the day of 13th October, 2023 at about 1000hrs at Intercounty Towers in Kiamako area, Huruma estate in Starehe Sub County within Nairobi -county the accused person HACHALU WAYESU EMAMU murdered HAWWI IRGEE. 2. Following Plea Negotiations with the Office of the Director of Public Prosecutions the state agreed to reduce the charge to that of Manslaughter contrary to Section 202 as read with 205 of the Penal Code. 3. A plea agreement dated 25th February 2026 was entered into by the accused and the Prosecution. 4. The Plea agreement was filed on 25th February 2026 and on the 27th February 2026 the plea agreement was recorded by the court after the accused person had confirmed that he had voluntarily entered into the agreement upon the advice of his counsel. The accused person also confirmed signing the agreement and assured the court that before doing so there were no threats or promises made to him in order for him to append his signature to the agreement. 5. The manslaughter information dated 25th February 2026 signed by Ms Dela Prosecution counsel was read over to the accused person and he pleaded guilty to the same. Following the plea the following facts captured in the plea agreement were read out to the accused person by the prosecution counsel;- 6. On the 13th October 2023 at around 0930hours, Hawi Irege (the diseased), Accused Person Hachalu Emamu Wayesa (E1) all Ethiopian nationals were living as husband and wife in their two -bedroom rented house known as inter-County Towers 4th floor house no.1 in Kiamaiko within Huruma Estate. 7. For reason known to the deceased he would introduce the accused person to her friends as his brother and not as her husband. 8. Two weeks before the incident, the deceased introduced the accused as her brother to Yigezu Tefere Obse who was also an Ethiopian national and they attended the same church with Eastleigh 4th street. Yigezu Tefere Obse later went to live with them at their house in Kiamaiko within Huruma Estate as the deceased guest. 9. On this fateful day Yigezu Tefere Obse woke up in the morning leaving the deceased sleeping in the bedroom where they had spent the night together as the time she was with them they shared the bedroom. Yigezu Tefere Obse prepared breakfast, between 0900hrs to 1000hrs, she served the breakfast at the sitting room. 12. The accused person was sited at the sitting room and not taking. Yigezu Tefere Obse called the deceased to come and take breakfast together but she responded by saying that she was unwell (stomachache) she would take it latter. The accused person, decided to go and find out what the problem was. 10. Moment later, Yigezu Tefere Obse heard the deceased screaming and she thought it was due to her sickness and she decided to go and see her, the accused person was still inside the bedroom. Upon entering the room, Yigezu Tefere Obse found the deceased lying in a pool of blood while the accused person was standing next to the bed holding a pocket knife with blood stains and the blood was all over the mattress. 11. Yigezu Tefere Obse tried to hold the accused person but she feared he could harm her as well. She immediately rushed outside through the stairs shouting in Oromo language that she needed help. She went to a nearby hotel where she knew the owner to be someone who understood her language and as she was explaining to her Alamu Liban Kulumpa who is also an Ethiopian nationals and operates taxi within was nearby the hotel,he heard her shouting, he came and after hearing what she was saying he agreed to accompany Yigezu Tefere Obse to the scene of incident. 12. Upon arrival Yigezu Tefere Obse was and owner of the hotel were left outside and Alamu Liban got into the house alone as he would hear the deceased writhing in pain saying that the accused had stabbed her in Oromo language. He went to the first bedroom where he found a gentleman in crutches who he later learnt was the accused person sited on a bed and he directed him to the other bedroom. Alamu Liban rushed to the other bedroom and found the deceased in pain saying the deceased had stabbed her in Oromo language. He saw blood oozing from her neck and he immediately took a cloth to try and stop the bleeding. He then tried lifted her up but she too heavy. 13. He rushed out to the other room to ask the gentlemen who he had seen on the other room to come help him but he didn't find him. The accused had already disappeared Yigezu Tefere Obse was outside still screaming and cry and the commotion attracted other Ethiopian nationals who came and informed Alamu Liban that the deceased already passed on 14. The Police officers from Huruma and DCI Starehe were called and they visited the scene and the same was processed by crime scene personnel. The murder weapon namely pocket knife with blood stains was recovered at the scene of crime inserted in the dustbin which was inside the house. 15. The postmortem was conducted on the 14th October 2023 at Nairobi City Mortuary by Government Pathologist Dr. Ndegwa and formed and opinion that the cause of death was exsanguination due to multiple injuries due to multiple stab wounds due to penetrative sharp force trauma. 16. On 17th October 2023 the accused was arrested at Pangani Police Station area through and intelligent led operation and booked was at Ruaraka Police Station. 17. On the 18th day of October 2023, a criminal miscellaneous application was applied vide No. E1277/2023 at Makadara Law Courts where the court ordered E1 to be detained at Ruaraka Police Station until 25th October, 2023 later same extended up to 10th November 2023 to enable the investigating officer complete the investigations. 18. The accused person knowingly, voluntarily, and truthfully admits the facts contained herein. 19. The prosecution guided by the ODPP Plea Bargaining rules no 5A (iv) we do recommend that the accused be sentence to 8 years imprisonment 20. The court put the fact to the accused to confirm whether they were correct and he confirmed that the facts were true and correct. Adding that the knife he used to stab the deceased belonged to the deceased and that he surrendered himself to the police after the incident. 21. The accused person was convicted of his own plea of guilty and in mitigation Mr. Omenge stated : “The accused was in a love relationship with the deceased. The deceased used to introduce the accused as the brother to other people. The two had a troubled relationship a lot of mistrust. There was a drift between the two. Death was not intentional. The accused person did not leave the sitting room with the knife when he went into the bedroom. The accused has thought through the incident. He now knows how to handle such situations better. Much as he may have wronged the society and the victim, he is remorseful. His surrender to the police indicates he never intended to kill the deceased. He is a foreigner with no status currently in the country. He prays a non- custodial sentence. He wishes to go back to his country. The friends of the accused have no grudge with the accused. We pray for leniency. We pray that the court tampers justice with mercy and gives a non -custodial sentence. I would propose a sentence of 3 years should the court impose a custodial sentence. He has no local roots. He is a refugee. He is disabled” 1. The offence of manslaughter attracts a maximum sentence of life imprisonment. The sentence of life imprisonment is usually imposed on accused persons who commit manslaughter in the most horrendous manner. The court retains the discretion in sentencing for manslaughter in doing so consider the totality of circumstances surrounding the commission of the offence, the age of the offender, remorsefulness of the offender, conduct of the offender immediately after the offence, and the nature of weapon used by the accused person in committing the offence. 2. The circumstances of this case are disturbing in that the deceased and the accused person are said to have been living as man and wife but for some strange reason only known to the deceased, she formed the habit of introducing him to people as his brother. That manner of introduction becomes important when one considers the mitigation of the accused which reveals that they had a troubled marriage. No reasonable man of sound mind would entertain being introduced to strangers by his own spouse as a brother. More so when one looks at the fact that the marriage was on the rocks. It must have angered the accused person whenever such an introduction was made by the deceased. To a great extent that was provocative hence leading to the stabbing of the deceased. 3. The role of the court in sentencing is important for it addresses the main objectives of sentencing which include retribution, punishment, restoration and deterrence. In that regard, the Supreme Court of India in the case of, **Antony Pareira v State of Maharashtra (2 AIR 2012 SC 3802)** held that stated that *“70. Sentencing, is an important task in the matter of crime. One of the prime objectives of the criminal law is imposition of appropriate, adequate, just and proportionate sentence commensurate with the nature and gravity of crime and the manner in which the crime is done.’’* 4. The sentencing objectives in Kenya have been captured in the Sentencing Guidelines 2023 to be the following: - 5. Retribution: to punish the offender for his/her criminal conduct in a just manner. 6. Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences. 7. Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law-abiding person. 8. Restorative justice: to address the needs arising from the criminal conduct such as loss and damages. 9. Community protection: to protect the community by incapacitating the offender. 10. Denunciation: to communicate the community’s condemnation of the criminal conduct. 11. Reconciliation: To mend the relationship between the offender, the victim and the community. h. Reintegration: To facilitate the re-entry of the offender into the society. 12. Considering the totality of the facts of this matter, and guided by the Court of Appeal decision in **Mutahi Vs Republic (Criminal Appeal E009 of 2021) [2025] KECA 1357 (KLR)**where the Court of Appeal stated: 13. Considering the subsisting jurisprudence in this Court and the High Court, the prison sentence handed to murder convicts generally oscillates between 25 and 40 years. Of course, the ultimate sentence of death and lower prison sentences are also imposed. For manslaughter, the common sentences passed are between 15 and 25 years. In stating so, we appreciate that each case must be treated according to its circumstances. Nevertheless, there is a need to ensure uniformity in sentencing**. In this case, even if the aggravating circumstances outweighed the mitigating circumstances, the fact that the conviction arose from a guilty plea, even though secured through a plea agreement, ought to have been taken into account.** This, however, is not to say that in all circumstances the sentence imposed for the charged offence must be vacated on appeal. …. Whereas sentencing is a discretionary power, it must be exercised in a manner that takes into account the circumstances of the case, the sentencing policy and consistency in court decisions. Taking this into account, it is clear that in the circumstances of this case, a 50- year jail term was harsh and excessive, and in disregard of the subsisting jurisprudence on sentencing. It is on this basis that we will interfere with the sentence of 50 years imprisonment and substitute it with one of 20 years imprisonment. In doing so, we appreciate the aggravating circumstances of the offence, which were well captured by the trial court.” 14. The accused in this matter is a foreigner and therefore it as not possible for this court to obtain pre- sentence report that would have captured his relationship with the community back in his country. However, this court notes that an innocent life was lost and not withstanding the irritant behavior of the deceased the accused person had walking out of the relationship if he found the contact of the deceased irreconcilable with their peaceful co- existence. The answer to a troubled marriage is not the extermination of one’s spouse. The rising cases of deaths in family units calls for an intensive moral introspection by couples. It is not and should never be fashionable to kill a spouse you have fallen out with. The emerging trend of violence needs to be tamed through imposition of deterrent sentences just to remind society that the right to life is sacrosanct and should be upheld by all. 15. Anyone dissatisfied with the status of their union should take the liberty to dissolve that union in accordance with the law or exercise the option of walking away in peace. 16. Accordingly, taking into account the facts of this matter and the proposals given by counsel on sentencing this court sentences the accused person to a prison term of 10 years to computed from 13th October 2023 when the accused person was arrested. 17. Upon completion of the 10 years prison term, the prison authorities shall hand over the he accused person to the Director of immigration for immediate processing and removal from this country to his country of origin Ethiopia. 18. It is so ordered. **DATED, SIGNED** and **DELIVERED VIRTUALLY** at **NAIROBI** this **7th** day of **MAY, 2026.** 1. **M. MUTETI** **JUDGE** **In the presence of:** Habiba: Court Assistant Ms Dela for the state Omenge for the Accused Accused: Present Nyuke Duba: Interpreter