https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12431
The court held that reconciliation and first-offender status did not outweigh the seriousness of the offence, and a non-custodial sentence would not meet the ends of justice. It therefore imposed a custodial sentence of 15 years, to run from the date of arrest and remand.
Source-derived case information.
- Citation
- [2026] KEHC 12431 (KLR)
- Parties
- Prosecution: Republic; Accused: Solomon Makau Kiilu
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2022
- Procedural Posture
- Criminal Case; Sentencing / Sentence
- Outcome
- Accused sentenced to imprisonment for 15 years.
- Judges
- ["EN Maina"]
- Legal Topics
- Mitigation, Reconciliation, First Offender, Non Custodial Sentence, Custodial Sentence, Commencement of Sentence, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Solomon Makau Kiilu
Accused
Procedural Posture
Criminal Case; Sentencing / Sentence
Legal Issues
- 1 Whether reconciliation between the accused and the complainant justified avoiding punishment.
- 2 Whether a non-custodial sentence was appropriate for the offence.
- 3 What sentence should be imposed given that the offence carries life imprisonment.
Ratio Decidendi
The court held that reconciliation and first-offender status did not outweigh the seriousness of the offence, and a non-custodial sentence would not meet the ends of justice. It therefore imposed a custodial sentence of 15 years, to run from the date of arrest and remand.
Court Disposition
Accused sentenced to imprisonment for 15 years.
Orders
- The accused shall serve imprisonment for fifteen (15) years.
- The sentence shall run from 29th March 2022, the date of arrest and remand in custody.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MACHAKOS** **CRIMINAL CASE NO. E008 OF 2022** **REPUBLIC ………………………………….………………..PROSECUTION** ***VERSUS*** **SOLOMON MAKAU KIILU ………………………………… ACCUSED** **SENTENCE** I have heard and considered plea in mitigation and the submissions by Counsel for the State. I do agree that the fact of reconciliation is not by itself a reason not to mete out punishment for the crime. Such reconciliation is indeed great as it ensures that the accused person will be received back in society once he serves his punishment. I have considered that the accused is a first offender but I am not persuaded that a non-custodial sentence would serve the ends of justice regard being had to the circumstances of this offence. Accordingly, taking everything into account, I shall sentence the accused person to imprisonment for a term of fifteen (15) years noting that the offence carries a sentence of life imprisonment. In order for the sentence to comply with the law, it shall be computed to run from 29th March 2022 being the date he was arrested and thereafter remanded in custody. Right of Appeal to the Court of Appeal (sentence only) is explained. It is so ordered. **Sentence signed, dated and delivered in open court on this 29th day of July, 2026.** **E. N. MAINA** **JUDGE** **In the presence of:** Mr. Masila for the State Mr. Muema for the accused person The accused person Miriam - Court Assistant/Interpreter