https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12019

 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAKAMEGA** **CRIMINAL CASE NO. E017 OF 2025** **REPUBLIC ………………………………………..…………….……..………… PROSECUTOR** **VERSUS** **REUBEN LUKALA Alias LUKA …….…………….………………………………… ACCUSED** **RULING ON SENTENCE** 1. The Accused was initially charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. By a Plea Agreement dated 10th November 2025, the parties entered into a plea bargain in which the charges against the Accused were reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. 2. Upon the court being satisfied that the Plea Agreement was voluntarily entered into and that the Accused understood his rights under Section 137 of the Criminal Procedure Code, the Accused was convicted on his own plea of guilty. 3. In mitigation, the Accused through his Counsel Mr. Mbetera said that he is aged 47 years with 10 siblings and that the deceased was his younger brother whom they used to live together. The Accused was said to be the sole breadwinner of his family that comprises of a wife and three children. Mr. Mbetera submitted that the Accused was a first-time offender who was remorseful for his actions. He said that the Accused had taken responsibility for his actions and which were not intentional and pleaded for leniency as he had the capacity to be rehabilitated. 4. On its part, the prosecution noted that the Accused is a first-time offender and had saved the court’s time by entering into the Plea Agreement. Nevertheless, the prosecution submitted that the offence was serious and it was necessary to achieve deterrence therefore only a custodial sentence would be appropriate. 5. The pre-sentence report indicated that the Accused was separated from his wife who had one child. It depicted the Accused as a difficult individual known for alcohol and narcotics abuse and with violent behavior and a propensity for bad company. It was reported that the Accused had accepted responsibility for his actions but maintained that the incident was accidental. 6. The victim’s immediate and extended family which is also the Accused’s family was said to be profoundly bitter towards the Accused. It was their desire that the Accused be dealt with according to the law. The community equally viewed the Accused with rage and expressed an expectation for a commensurate punishment to the offence to serve as a deterrent measure to the community. The Probation Officer recommended a sentence that takes into account the views of the family and the community. 7. I have considered the fact that the Accused killed his younger brother whom he was supposed to protect during a disagreement over a share of payment. The Accused used excessive force and hit his brother severally thereby leading to severe head injury. The post-mortem report reflects multiple injuries that confirm the pre-sentence report that the Accused is prone to violence. The Accused’s actions call for deterrent and punitive sentence. 8. I have weighed the mitigating and aggravating factors as well as the sentence proposed by the parties. I hereby sentence the Accused to ten (10) years imprisonment after which he shall be released on probation for a period of three (3) years. The sentence shall commence from 12th March 2025 when the Accused was first arraigned before this Court. Dated, signed and delivered at Kakamega this 31st day of July 2026. **A. C. BETT** **JUDGE** **In the presence of:** Ms. Chala for the Prosecution Mr. Mbetera for the Accused Court Assistant: Polycap