https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8103

Republic v Lumwachi (Criminal Case E021 of 2022) [2026] KEHC 8103 (KLR) (10 June 2026) (Sentence) Neutral citation: [2026] KEHC 8103 (KLR) Republic of Kenya In the High Court at Kakamega Criminal Case E021 of 2022 S Mbungi, J June 10, 2026 Between Republic Prosecutor and Bonventure Lumwachi Accused Sentence 1.The accused, Bonventure Lumwachi, was convicted by this Court for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, for causing the death of Augustine Muhanga Lumuachi. 2.This Court now proceeds to determine the appropriate sentence. The accused mitigated that he is a first offender, is a firstborn and also the bread winner .He further stated that he has four children, expressed remorse, and urged the Court to exercise leniency. The Court has also considered the period the accused has been in custody. 3.The Supreme Court in Francis Karioko Muruatetu & Another v Republic declared the mandatory nature of the death sentence unconstitutional. The Court emphasized that sentencing is a discretionary exercise and must be individualized, taking into account the circumstances of the offence and the offender. 4.The Supreme Court further outlined mitigating factors to include age, being a first offender, remorsefulness, possibility of reform, and the circumstances in which the offence was committed. 5.Further guidance is drawn from the Court of Appeal decision in William Okungu Kittiny v Republic, where the Court affirmed that trial courts now have discretion to impose sentences other than death in murder cases and must consider mitigating circumstances. 6.In addition, the Court of Appeal in Moses Jua v Republic reiterated that sentencing must balance the seriousness of the offence with the personal circumstances of the offender, and that a custodial sentence should reflect both deterrence and rehabilitation. 7.The Judiciary Sentencing Policy Guidelines (2016) also provide that sentencing should serve the objectives of retribution, deterrence, rehabilitation, restorative justice, community protection, and denunciation. 8.Turning to the present case, the aggravating factors are substantial. The accused used a knife, a lethal weapon, to stab the deceased on the back, a vulnerable part of the body. The attack resulted in fatal internal bleeding. 9.The Court also notes that the deceased was the accused’s own brother, a factor that heightens the gravity and moral culpability of the offence. The use of such violence demonstrates a clear disregard for the sanctity of human life. 10.The Court is guided by the principles set out in Republic v Tubere s/o Ochen, which require consideration of the weapon used, the manner of its use, the part of the body targeted, and the conduct of the accused before and after the attack in determining culpability and sentence. 11.On the other hand, the Court has considered the mitigating factors. The accused is a first offender. The incident appears to have arisen from a sudden confrontation over an alleged theft, rather than premeditated planning. The accused expressed remorse, and there is a reasonable prospect of rehabilitation. 12.The Court also takes into account the principle in Ahamad Abolfathi Mohammed & Another v Republic, where it was held that sentencing must be proportionate to both the offence and the offender, and should not be excessive. 13.In balancing these factors, this Court finds that although the offence is grave and calls for a deterrent sentence, the circumstances do not justify the ultimate penalty of death. A lengthy custodial sentence will meet the ends of justice. 14.Accordingly, the accused, Bonventure Lumwachi, is hereby sentenced to twenty-one (21) years imprisonment. 15.The sentence shall run from the date of arrest 17.4.2022, and the period already spent in custody shall be taken into account in accordance with Section 333(2) of the Criminal Procedure Code. 16.The accused is hereby informed of his right of appeal within fourteen (14) days. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF JUNE,2026.S.N.MBUNGIJUDGEIn the Presence of:-CA: Zilda/VelmaMs Museno for the Accused present online.Ms Kiu for ODPP present online