[2025] KEHC 4708 (KLR)
The court found that while the accused was provoked and acted in the context of an abusive marriage, the manner of killing was particularly grievous, involving severe injuries and disposal of the body. The court balanced the mitigating factors—her age, first offender status, family forgiveness, and the presentence...
Source-derived case information.
- Citation
- [2025] KEHC 4708 (KLR)
- Parties
- Applicant: Republic; Defendant: Margaret Maloba Kundu
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2024
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- Legal Topics
- Manslaughter, Sentencing Guidelines, Provocation, Self Defence, Remand Period, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Margaret Maloba Kundu
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 Whether provocation and self-defence mitigate the accused's culpability.
- 3 Whether the period spent in remand should be considered in sentencing.
Ratio Decidendi
The court found that while the accused was provoked and acted in the context of an abusive marriage, the manner of killing was particularly grievous, involving severe injuries and disposal of the body. The court balanced the mitigating factors—her age, first offender status, family forgiveness, and the presentence report's recommendation for a non-custodial sentence—against the aggravating circumstances of the offence. Ultimately, the court determined that a custodial sentence was warranted but directed that the period already spent in remand be taken into account, in accordance with section 333(2) of the Criminal Procedure Code.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve eight (8) years' imprisonment.
- The period spent in remand from 12.3.2024 shall be taken into account as per section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kundu (Criminal Case E014 of 2024) [2025] KEHC 4708 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4708 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case E014 of 2024
REA Ougo, J
April 4, 2025
Between
Republic
Prosecution
and
Margaret Maloba Kundu
Accused
Ruling
1. Margaret Maloba Kundu pleaded guilty to the offence of manslaughter and was been convicted as charged. She unlawfully killed her husband, Maurice Mukisu Kundu. She is a first offender.
2. I have considered the presentence report. It indicates that the accused is 66 years old and she committed the offence having been provoked by her husband after he sold her land. It is stated that she acted in self-defense. Her sons have forgiven her, and the family too. The report recommends a non-custodial sentence.
3. Miss Natwati, for the accused gave a brief history on what lead to the accused committing the offence. The couple had domestic issues and she was in an abusive marriage. The deceased sold land recklessly. Counsel relied on 2 cases, the cases of Geoffrey Kiptoo Sawe vs Republic Eldoret Court of Appeal Criminal Appeal No. E067 of 2022 and Republic vs Truphena Ngonga Aswani Siaya High Court Criminal Case No. E011 of 2020, to support the accused’s plea for provocation and lenient sentence.
4. I have considered the facts as narrated by the prosecution. The accused inflicted severe injuries on the deceased by using an axe and inflicted a big cut on the deceased’s stomach, plus there was a complete disconnection of the spinal column at the lumbar region. These injuries were grievous and the deceased died due to massive bleeding. The accused disposed off the body in a nearby river.
5. I have considered her age, the judiciary guidelines on sentencing, the sentence provided in law for the offence of manslaughter. I have considered that she has been in remand from 12. 3.2024.
6. I sentence the accused person to serve eight (8) years' imprisonment. The period she has been in remand will be taken into account as per the provisions of section 333 (2) of the Criminal Procedure Code.
Dated, signed, and delivered at Bungoma this 4th day of April 2025. R.OUGOJUDGEIn the presence of:Margaret Maloba Kundu /AccusedMiss Natwati -For the AccusedMiss Matere -For the StateWilkister - C/A