https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8077

Republic v Kiiru (Criminal Case E036 of 2022) [2026] KEHC 8077 (KLR) (Crim) (9 June 2026) (Sentence) Neutral citation: [2026] KEHC 8077 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case E036 of 2022 K Kimondo, J June 9, 2026 Between Republic Prosecutor and Danson Muturi Kiiru Accused Sentence 1.The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on 9th February 2026. 2.Simon Ngige Mburu alias Njaramba (hereinafter the deceased) and Danson Muturi Kiiru, the accused were friends. They were shoe hawkers. On 27th May 2022 they had a petty dispute over keys. An ugly fight ensued. When the accused was overpowered by the deceased, he picked-up a piece of timber and knocked the deceased on the head. It was a fatal blow that led to death. 3.The accused was arrested by members of the public on the same day and handed over to the police at Dandora Phase III Police Post. The piece of timber (exhibit 3) was recovered at the scene. 4.The deceased was rushed to Mama Lucy Kibaki Hospital and later referred to Kenyatta National Teaching and Referral Hospital where he succumbed to his injuries. 5.The postmortem was carried out on 2nd June 2022 which established that the cause of death was “traumatic brain injury secondary to blunt force trauma (assault)”. 6.I have considered the mitigation tendered by the accused. He prayed for a lenient sentence which would grant him an opportunity to re-unite with his family. He implored the court to grant him credit for the period spent in remand. 7.But according to learned Prosecution Counsel, Mr. Bickoh, the victim’s family has suffered traumatic consequences; and, the deceased’s mother’s health has completely deteriorated. He submitted that there are aggravating circumstances which call for a custodial sentence. 8.The impact of this offence is well captured in pre-sentence report dated 18th March 2026 by Margaret Aduor, Probation Officer, Nairobi. They partly blame the homicide for the ill health now afflicting their mother. They stated that they are as yet to come to terms with the loss. Whereas they welcomed the conviction, they prayed for a custodial sentence. 9.However, the conclusion by the probation officer is that the accused can be rehabilitated through a probation order. Key interventions would include guidance and counselling, economic empowerment, anger management, self-awareness and responsible behavior. 10.I have also considered that the accused is 47 years and a first offender. He is remorseful and beseeches the court for an opportunity to re-integrate with the community. 11.Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. Manslaughter is grave offence and attracts a sentence of up to life imprisonment. In all the circumstances of this case, I find that justice will be served by a mixed sentence comprising of a short custodial sentence followed by a probation order. This will afford the accused an opportunity to introspect and reform. 12.The accused shall first serve four (4) years’ imprisonment. In accordance with section 333 (2) of the Criminal Procedure Code, the imprisonment shall run from 27th May 2022, the date when he was arrested and placed in custody. Thereafter, he shall be released on probation for a period of two (2) years under the care of the relevant probation officer to be appointed by the Director, Probation and After-care Services. 13.In addition, and in accordance with section 4 (3) of the Probation of Offenders Act, he must not commit another offence during his probation, in default of which he will be re-sentenced for the present offence. 14.The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court but only on the sentence. A copy of the proceedings shall be supplied to him immediately.It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JUNE 2026.KANYI KIMONDOJUDGESentence read virtually on Microsoft Teams in the presence of-The accused.Ms. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions.Mr. E. Ombuna, Court Assistant.