https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8517

Republic v Manwa alias Casper Dentist (Criminal Case 31 of 2019) [2026] KEHC 8517 (KLR) (Crim) (4 May 2026) (Judgment) Neutral citation: [2026] KEHC 8517 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case 31 of 2019 MW Muigai, J May 4, 2026 Between Republic Prosecutor and Erick Onguti Manwa alias Casper Dentist Accused Judgment 1.The accused person agrees 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 she understands every element of the charge including 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 offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code, Chapter 63, and Laws of Kenya. Court Proceedings 5.Mr Kimani for the accused person-Present in court.Accused person- Eric Onguti Manwa- present in court. 6.Ms Tum ODPP/State/Prosecution- We are ready with the facts of the case.We filed copy of Plea Bargain Agreement duly executed by accused person. 7.The Amended information/ charge sheet of 20/3/3025.The Amended sheet/ information charged now Manslaughter contrary section 202 as read with section 205 of Penal Code charge read with statement of offence and particulars the offence. 8.Accused: Ni ukweli- It is true. 9.Court: Plea of guilty is entered for the accused person over plea of guilty to offence of manslaughter. Facts: In Kiswahili 10.On 26/4/2019 at 9 p.m. the deceased Michael Yiddah Mudanya (Known as Hassler) was inside a club Jamaica area within Lunga Lunga drinking with his friends. 11.A lady Beatrice Imbagala Lusiki also known as (Night -chairlady/village elder) came to the club and demanded a bribe of 200/-. As a result the owner of the club informed her he had just opened the club and had not sold anything. Beatrice claimed that owner of the club that the business did not belong to him but his wife. Beatrice walked out and stood near an electric pole. The deceased went for a short call and Beatrice after him and started shouting at the deceased and enquiring from him whether he was sent to beat her. Boniface Ndolo 2nd accused who was in the club came out and joined Beatrice and asked deceased in Kiswahili “wewe hustler unataka kupiga mathe?”. 12.The deceased did not respond. The lady Beatrice said /responded “Wacha ajaribu kunipiga atajua niko na watu”. At the time Boniface Ndolo 2nd accused left and came with Martin son of chairlady and the 2nd accused Erick Onguti Manwa. 13.The 1st and 2nd accused started to assault the deceased with kicks and blows until the deceased fell down and was rescued by members of the public and taken to Lunga Lunga AP post and reported assault OB 10/26/05/2019. The deceased was taken to Mama Lucy Hospital and treated as outpatient. 14.On 27/4/2019, the deceased health deteriorated and returned and admitted to Mama Lucy Hospital and he underwent surgery. He died on 8/5/2019 from hospital. The post mortem report indicated cause of death was specitemia following small gut injury following blunt force trauma. The post mortem report-Exhibit I. 15.When members of public learnt of demise of deceased, they protested went to Beatrice’s home torched and wanted to burn it down. The police intervened and arrested Beatrice and Boniface Ndolo 2nd accused. The 1st accused Eric Onguti Manwa alias Casper was arrested on 23/7/2019 at Kamukunji area and was charged with offence of murder with Co accused Boniface Ndolo herein. The accused herein was taken for mental assessment and he was examined and found to be Fit To Plead. 16.The 2nd accused person entered Plea Bargain Agreement and he was convicted and sentenced on 21/3/2020 before Hon. J. Bwonwonga. 17.Accused- ‘Ninakubaliana’ translated to “I agree with the Facts read in Court.’’ 18.Court: The plea of guilty on facts is entered for the accused on his own plea of guilty with the charge of manslaughter. 19.Ms Tum ODPP: I do not any previous records of the accused person. He may be treated as 1st offender. Mitigation 20.Mr. Kimani for Accused person stated; The Accused person has been in custody since 23/7/2019 which is now about 6 years 4 months Eric has shown remorsefulness for his actions that led to death of deceased. He regrets the actions and prays for forgiveness of the family of deceased.He is a !st Offender He has a family 2 children and is the breadwinner. He is a law abiding Officer and during custody, he learnt and achieved awards by attending classes and obtained recommendation from Prisons. We are also opining that 6 years’ imprisonment incarceration would suffice for the offence. We urge the Court to take guidance from the following cases;Joseph Gitau Macharia Nairobi HCT Francis Muruatetu & Another 2017 & 2021 21.The Accused person came to Court under Plea Bargain Agreement & Mitigation as provided by Section 137 A Criminal Procedure Code. Pre-sentence Report 22.The Presentence Report of 26/2/2026 depicted the Accused person of good behavior in Prisons immediate and extended family. The Report disclosed antecedents of Accused person’s within Lunga Lunga area of him being under alcohol and drug influence inadequate skills and acting out of ignorance. 23.The victim’s family is disappointed frustrated and undergone agony at loss of loved one whose life cannot be replaced. 24.The circumstances of the offence depict a brawl with no intention to maim or kill the deceased. Sentence 25.Taking into account all circumstances of the matter and the justice of the case demands a custodial sentence. The Accused is sentenced to serve 12 years imprisonment w.e.f. 2/8/2019 under Section 333(2) CPC the said period ( in custody) shall be part of the computation of the sentence. DELIVERED READ SIGNED DATED IN OPEN COURT CRIMINAL DIVISION NAIROBI 4/5/2026M.W.MUIGAIJUDGE