https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12173

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA** **CRIMINAL DIVISION** **CRIMINAL CASE NUMBER E010 OF 2025** **BETWEEN** REPUBLIC::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTION **AND** SIMON KHAMALA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED **CORAM: LADY JUSTICE R. WENDOH** **RULING ON SENTENCE** 1. Simon Khamala was initially charged with the offence of **Murder** contrary to **Section 203 as read with Section 204 of the Penal Code**. On 25/7/2025 however, a plea agreement was reached while the charges was reached to one of **Manslaughter** contrary to **Section 202 as read with Section 205 of the Penal Code**. 2. The particulars of the charge are that on 9/7/2025 at Murkwijit sub-location Cherengani location in Kacheliba sub-county, West Pokot, unlawfully killed Allan Wanyonyi Wanjala. Accused pleaded guilty to the offence and was convicted. 3. The matter is now before me for sentence. Sentencing is an exercise of the court’s discretion guided by the Constitution, Laws on sentencing and the 2016 Judiciary of Kenya Sentencing Policy Guidelines and of course the special circumstances of each case. The Supreme Court affirmed this positionon the court’s discretion in **Francis Karioko Muruatetu and Another -vs- Republic [2017] eKLR**. The Court stated that:- ***“(72) we wish to make it very clear that these guidelines in no way replace judicial discretion. They are advisory and not mandatory. They are geared to promoting consistency and transparency in sentencing hearings. They are also aimed at promoting public understanding of the sentencing process”.*** 1. Page 15, paragraph 4 of the Sentencing Policy Guidelines provides for what the court should consider as follows:- 2. ***Retribution: to punish the offender for his/her criminal conduct in a just manner;*** 3. ***Deterrence; to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences;*** 1. ***Rehabilitation; to enable the offender reform from his/her criminal disposition and become a law-abiding person;*** 2. ***Restorative justice; to address the needs arising from the criminal conduct such as loss and damages;*** 3. ***Community Protection; to police the community by incapacitating the offender.*** 4. ***Denunciation; to communicate the community’s condemnation of the criminal conduct.*** 5. ***Reconciliation; to mend the relationship between the offender the victim and the community.*** 6. ***Reintegration; To facilitate the re-entry of the offender into the society.*** 7. In this case, the prosecution treated the accused as a first offender because there were no previous records. Mr. Lokeer, accused’s counsel in mitigation, stated that accused is a family man, 40 years old, was remorseful; that the offence was committed when they were drinking alcohol and the court should consider a non-custodia sentence. 8. The court called for a pre-sentence report which was prepared by a Probation Officer, dated 29/7/2026. In the report, though accused was said to have no criminal record, he was said to be hot tempered and frequently involved in conflicts especially when under the influence of alcohol. The victim family is said to be still bitter about their loss and with possibility of a retaliation 9. The court has considered all the above factors. Accused pleaded guilty, and did not waste the court’s time. He is a first offender and is remorseful. However, a young life, a man in his thirties was lost at the reckless hands of the accused who can not control his temper when under influence of alcohol. The deceased was the only son of his family which has left a lot of grief and deep loss. 10. Accused deserves to be taken for rehabilitation and deterrent sentence is preferred. He is hereby **sentenced to fifteen (15) years imprisonment**. The sentence will commence on **25/7/2025 when he was first arraigned in court**. **Ruling delivered, dated and signed in open court at Kapenguria this 31st day of July 2026** **R. WENDOH** **JUDGE** ***In the Presence of*:-** ***Ms. Koech for State Counsel*** ***Mr. Lokeer holding brief for Ms. Opondo for Accused*** ***Accused present.*** ***Hellen/Juma - Court Assistants***