https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11664
Considering the accused’s first-offender status, remorse, favourable probation report, guilty plea to manslaughter, and the seriousness of the offence involving the loss of life, the court found that a custodial sentence was necessary. The appropriate sentence was ten years’ imprisonment, subject to deduction of the...
Source-derived case information.
- Citation
- [2026] KEHC 11664 (KLR)
- Parties
- Prosecution: REPUBLIC; 2nd Accused: NIYONGERE FRUGENCE
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Custodial sentence imposed
- Judges
- ["EN Maina"]
- Legal Topics
- Manslaughter, Plea Agreement, Mitigation, Pre Sentence Report, Remand Custody Credit, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Prosecution
NIYONGERE FRUGENCE
2nd Accused
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What sentence was appropriate for the accused after a plea agreement to manslaughter.
- 2 Whether a non-custodial sentence was justified.
- 3 Whether time spent in remand custody should be deducted from the sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
Considering the accused’s first-offender status, remorse, favourable probation report, guilty plea to manslaughter, and the seriousness of the offence involving the loss of life, the court found that a custodial sentence was necessary. The appropriate sentence was ten years’ imprisonment, subject to deduction of the 3 years and 9 months already spent in remand custody under section 333(2) of the Criminal Procedure Code.
Court Disposition
Custodial sentence imposed
Orders
- The accused is sentenced to ten (10) years imprisonment.
- The 3 years and 9 months spent in remand custody shall be deducted from the sentence pursuant to section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MACHAKOS** **CRIMINAL CASE NO. E027 OF 2022** **REPUBLIC ………………………………….………………..PROSECUTION** ***VERSUS*** **NIYONGERE FRUGENCE …………………………………..2ND ACCUSED** **SENTENCE** The probation officers report has now been furnished to this court. The same speaks of the accused as a law abiding citizen with no criminal past. He is a first offender. In his mitigation in court and also in the pre-sentence report, the accused has expressed remorse for what occurred on the fateful night. This court has also noted that the accused pleaded guilty to the lesser charge of manslaughter upon a plea agreement and so to speak he has saved much judicial time albeit that the case had already taken off and witnesses had started testifying. The Sentencing Policy Guidelines enjoin this court to consider the mitigating and the aggravating circumstances in the sentencing the accused. The aggravating circumstances are that a life was lost and will never come back. It is also evident that the offence was as a result of the accused person having a quick temper. Had he stopped to think of the repercussions of his conduct a precious life would have been spared. I have carefully considered the circumstances of the offence, the fact that the accused is a first offender, the plea in mitigation and the presentence report. I am not persuaded that non-custodial sentence would serve the ends of justice. It is also evident that the accused person requires to be rehabilitated. In the premises this court shall sentence him to a term of imprisonment for ten (10) years noting that the offence of manslaughter carries a sentence of life imprisonment. In order for the sentence to comply with **Section 333(2) of the Criminal Procedure Code,** the 3 years and 9 months spent in remand custody shall be deducted from the sentence. Right of Appeal to the Court of Appeal (against the sentence only) is explained. It is so ordered. **Sentence signed, dated and delivered in open court on this 28th Day of July, 2026.** **E. N. MAINA** **JUDGE** **In the presence of:** Mr. Masila for the State Mr. Otto Nduva for accused person The accused Miriam - Court Assistant/Interpreter