https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9928

Republic v Lolalei (Criminal Case E008 of 2024) [2026] KEHC 9928 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 9928 (KLR) Republic of Kenya In the High Court at Mombasa Criminal Case E008 of 2024 WM Kagendo., J June 18, 2026 Between Republic Prosecution and Erick Lolalei Accused Ruling 1.The accused person herein, Erick Lolalei, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence as per the information are that on the 4/4/2024 at Githurai area, Mtwapa, within Kilifi County, he muredered George Njoroge Kamau. 2.The accused person pleaded not guilty to the offence and after a full hearing he was convicted of the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The court then called for both Victim Impact Statement and Pre-sentence inquiry Report. The same were prepared and filed by Mr Stephen Muthoka, Senior Probation Officer. 3.The accused person’s advocate, Mr Lisanza submitted on mitigation that the convict is very remorseful and he has considered his action which led to the untimely death of the deceased. The deceased and the accused person were well known to each other and that the convict acted in self-defense. He averred that the accused person has reformed and prays for leniency. 4.The advocate relied on the case of R vs Dennis Muturi where the accused person was sentenced to 9 years with the last 3 years being the ones in custody. The offender’s advocate proposed 10 years’ imprisonment for the offender herein. 5.The prosecutor, Ms Cherop stated in mitigation that the offender is not remorseful and he is still playing the victim of circumstances. She said that the report captures there was a minor dispute and the offender stabbed the deceased. She also said that she relies on the Judiciary Sentencing Guidelines. On aggravating factors; a scissors were used and the same was produced in court. She proposed a custodial sentence. 6.Sentencing is an exercise of the Court’s discretion. The Court is guided by the Constitution, any other relevant laws on sentencing and the 2016 Judiciary of Kenya Sentencing Policy Guidelines. 7.Despite the importance of the guidelines, sentencing remains the exercise of judicial jurisdiction as was expressed by the Supreme Court in Francis Karioko Muruatetu & Another -V- Republic (2017) eKLR where the Court held: -“(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”. 8.Page 15, paragraph 4.1 of the Sentencing Policy Guidelines provides as follows: -i.Retribution: to punish the offender for his/her criminal conduct in a just manner;ii.Deterrence; to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences;iii.Rehabilitation; to enable the offender reform from his/her criminal disposition and become a law-abiding person;iv.Restorative justice; to address the needs arising from the criminal conduct such as loss and damages;v.Community Protection; to police the community by incapacitating the offender.vi.Denunciation; to communicate the community’s condemnation of the criminal conduct.vii.Reconciliation; to mend the relationship between the offender the victim and the communityviii.Reintegration; To facilitate the re-entry of the offender into the society. 9.In sentencing, the court also considers various mitigating factors. (See Muruatetu Case)i.Age of the offender;ii.Being a first offender;iii.Whether the offender pleaded guilty;iv.Character and record of the offender;v.Commission of the offence in response to gender-based violence;vi.Remorsefulness of the offender;vii.The possibility of reform and social re-adaptation of the offender;viii.Any other factor that the court considers relevant. 10.This Court has considered the mitigation by the Counsel and the reports on record. Having taken his mitigation into account, the pre-sentence report, the victim impact statement and the circumstances surrounding the commission of the offence, this court sentences Erick Lokalei to serve 10 years’ imprisonment. He was first arraigned in court on 22/4/2024. He has been in custody since then hence his sentence start running from 22/4/2024. 11.Right of appeal against both the judgement and sentence explained to the accused person in Kiswahili. 12.It is so ordered. DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 18TH DAY OF JUNE 2026. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.In the presence of;-WENDY KAGENDO MICHENIJUDGEThe Accused Person And His Advocate Mr Lisanza Mr Sirima For The StateBebora Court AssistantSigned By/for: