https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8447

**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **CRIMINAL CASE NO 030 OF 2022** **REPUBLIC………………………………………PROSECUTION** **VERSUS** **JOSEPH LEKILIALA………………………ACCUSED PERSON** **JUDGMENT** **PLEA BARGAIN AGREEMENT EXECUTED ON** **14TH MAY 2025** 1. The accused person agreed to plead guilty to the lesser offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code, Chapter, 63 and Laws of Kenya. 2. The accused person is entering into this Plea Agreement and is pleading guilty freely and voluntarily without promise or benefit of any kind, other than as contained herein, and without threats, force, intimidation or coercion of any kind. 3. The accused person admits that he is guilty of offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code, Chapter 63, Laws of Kenya and that she understands every element of the charge including the penalties provided by law. 4. If the court accepts the Plea Agreement and the accused person fulfills each of the terms and conditions of this Plea Agreement, the state agrees it will reduce the charge to include a lesser of offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code, Chapter 63, and Laws of Kenya. 5. The Accused person agrees that if the Court rejects his plea of guilty subject to this Plea Agreement shall be rendered null and void and no party shall be bound by it and in the circumstances the intended charge of offence of Murder contrary to section 203 as read with section 204 of the Penal Code, Chapter 63, Laws of Kenya shall proceed to its logical conclusion. 6. The accused person has been advised as follows; 7. Of his constitutional rights, including his right to a trial, his right to examine and cross-examine witnesses against him, and he has knowingly and voluntarily waived these rights and privileges and agrees to enter the plea of guilty as set forth in this Plea Agreement. 8. That the court has sole discretion to impose any sentence as provided by the law. 9. The accused person entered into this Plea Agreement and is pleading guilty freely and voluntarily without promise or benefit of any kind, other than as contained herein, and without threats, force, intimidation or coercion of any kind. The plea of sentencing charge sheet of manslaughter Under Section 202 or 205 of Penal Code. **COURT PROCEEDINGS** 1. On 4/12/2025 Plea was taken on the reduced charges. The statement of offence and particulars of offence of charge of manslaughter was read to the accused person in Kiswahili. The accused person- states “Ni kweli” translated “It is true” 1. **Court:** Plea of Guilty is entered for the accused person on his own plea of guilty to the charge of manslaughter. 2. **FACTS**: On 15/5/2022 at 6 pm; the accused person was working as security guard who reported on duty at Kayole Junction in Obama Area. He was hired by 6 customers to guiding shops and motor vehicles. 3. On the said night 1 customer Eric Omondi Magugu of KAA 654K Suzuki Jipsy. He paid the accused person at Ksh 100/- and he left. At 11 pm. Arnold Omondi Siko who was with his cousin Victor Omondi Ngesa were walking by from Kariobangi- headed to Kayole to sleep at his relative. On reaching Kayole junction they met the accused and the deceased joked and came near the accused person and held the accused maasai rungu and the accused person was guarding the vehicle. The accused screamed for help and removed a sword from his waist overpowered deceased and stabbed the deceased on the collar bone using the maasai sword. 4. The deceased fell down while leaning on the wall, he began bleed profusely. Victor Ngesa was shocked took flight of fear of being attacked by deceased and ran away and he was scared of being stabbed. 5. The Accused person realizing that he had injured the deceased, he ran to the house. The accused person fled home and called his wife and asked for water and a panga through the window, and he drank water. The accused went back to the parking site and broke the rare window of KAA 654K using the panga and called the owner of the vehicle 14 times. 6. The accused went to Obama/Kayole Police Station and reported attempted theft of the vehicle KAA 654K report OB 3/16/5/2022 at 01:00 Hours. At the time other people ran to the scene and witnessed the scene and incident. The accused came with police officers and showed them the scene and found the deceased’s body lying in a pool of blood and the damaged motor vehicle 7. Police officer looked at deceased body and he had stab wound left collar bone. Police officer took photographs of the scene. The deceased cousin was arrested for investigations which revealed the accused was drunk and they were not thieves/robbers. The police officers visited the scene on 18/5/2022 and found the following items were recovered; 8. Somali sword with sheath belonging to Accused person 9. Ifnix Phone for the deceased 10. I wallet house keys & phone head phones belonging to deceased 11. The deceased’s cousin was arrested and booked at Kayole Police Station to assist Police with investigations. On 18/5/2024 Police visited Accused person’s house and found and listed and signed Inventory 12. Camouflage jacket-with blood stains sleeveless Exhibit 1 13. 1 panga wooden handle- Exhibit 2. 14. Brown long sleeved jacket-papaya label buttons Exhibit 3. 1. Long sleeved jacket- Brooklyn- Exhibit 4. 2. Grey Tracksuit-Exhibit 5. 3. Mobile ITEL- missing in court now. 4. The accused person was arrested 17/5/2022 and was taken to Kayole Police Station and Postmortem done on 19/6/2022 and observed that death was caused by penetrating stab wound. The Pathologist indicated death was by exsangulation secondary to chest injuries due to penetrating sharp force trauma. The accused was taken for mental assessment found FIT TO PLEAD- and was arraigned in court. I wish to produce post mortem report-Exhibit 6. The clothes were taken to Government Chemist- Exhibit 7, Masai sword- Exhibit 8. 1. Accused person stated “Ni ukweli” translated. Accused person- The facts are true. The Court entered Plea of Guilty for the Accused person for lesser charge of manslaughter c/s 202 & 205 of the Penal Code. **PRE-SENTENCE PROCEEDINGS** 1. **Mr Bickoh ODPP/ Prosecution Present**- states; The accused is a 1st time offender. The family of deceased is yet to come in terms with the loss of the deceased a student at Methodist University. The deceased was a beacon of hope death robbed them the hope they had in their late son. He was a 2nd born and the eldest male and the father of son is disturbed and frustrated and bitter and in pain looks for a harsh sentence. The Father of the deceased spoke in Court and sought deterrent sentence. 1. **Mr Ogudi for the Accused person**- The accused is a humble man as he takes full responsibility of his actions at the earliest opportunity. This was not a case of malice aforethought, the circumstances surrounding the death of deceased was spontaneous and unpredictable incident arising in the accused lawful duty at night security guard. 2. The accused was alone. It was at night with responsibility protecting property that had been entrusted to him by members of the public. He was confronted suddenly by deceased and attempted to grab the rungu from the accused person at night. The accused fell to the exposed ground overpowered given that he was alone, vulnerable and perceived this action as an attack. The Accused acted without thinking took action without thinking, reckless as it may have been a knee jack reaction. He was trying to protect himself. There was lack of pre-meditation. The incident was triggered by sudden and confusing encounter and perceived self -defense even though force used was in excessive. 1. The accused person did not flee from the scene but he reported the matter to the police station and he cooperated fully with investigations. He was remorseful and he agreed to plea of plea bargain. He worked as security guard. He is not hardened criminal. The lack of remorse is attributed to language barrier. 2. Sentencing is not the punishment and it should include the rehabilitation and reformation. We pray for a reduced custodial term. The court to consider non- custodial sentence. 3. In conclusion this was a tragic situation for both families and justice will not be served by harsh punishment but sentence that reflects lack of malice that is what we pray for. The Pre-sentence Report. The accused has not shown any form of remorse. The father of deceased spoke in court and he seek a deterrent sentence. 4. **SENTENCE:** This court considered the facts circumstances that led to ultimately/unfortunate death of the deceased. The deceased a young man 22 years old out on a reveling night and he was stabbed penetrating stab wound in the chest/collar bone and that led to profuse bleeding. The accused person though on duty at night protecting motor vehicles at the establishment used excessive force by using a weapon knife/panga and stabbed the deceased who was not armed and was only in an ensued altercation. The accused then left the scene/deceased at the same moment seeking help/attacked to the deceased. These are aggravating circumstances as a weapon was recovered among other items. 5. The family of deceased represented by the father a addressed the court in pain and anguish at the loss of his child/son who cannot be replaced. The pre- sentence report indicate the accused found is/was not remorseful. 6. From the above circumstances although the accused has pleaded to lesser charge of manslaughter; the circumstances militate against lenient sentence. The accused is hereby sentenced to serve 25 years imprisonment with effect from 30/5/2022 to date in computation of the contained Under Section 333(2) Criminal Procedure code. Right of appeal explained. **JUDGMENT DELIVERED SIGNED & DATED IN OPEN COURT IN CRIMINAL DIVISION HIGH COURT MILIMANI PHYSICALLY/VIRTUALLY** **ON 4TH MAY 2026.** **M.W. MUIGAI** **JUDGE**