https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10014
The court declined to rely on the un-translated clan reconciliation agreement because it lacked evidence of inclusive participation, including women and relatives of the deceased, and lacked proper documentation of the discussions; sentence was therefore deferred until the clans re-convene and produce a translated,...
Source-derived case information.
- Citation
- [2026] KEHC 10014 (KLR)
- Parties
- Prosecutor: Republic; Accused: Sammy Mulwa Kasikwa Alias Mboi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2020
- Procedural Posture
- Criminal Case Sentencing After Conviction for Manslaughter / Ruling on Sentence / Mitigation
- Outcome
- Sentence deferred
- Judges
- ["TM Matheka"]
- Legal Topics
- Manslaughter, Non Custodial Sentence, Reconciliation Agreements, Clan Dispute Resolution, Article 159(2)(d) of the Constitution, Pre Sentence Report, Victim Participation, Procedural Fairness, Translation of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Prosecutor
Sammy Mulwa Kasikwa Alias Mboi
Accused
Procedural Posture
Criminal Case Sentencing After Conviction for Manslaughter / Ruling on Sentence / Mitigation
Legal Issues
- 1 Whether the clan reconciliation and compensation agreement could be relied on in sentencing
- 2 Whether the reconciliation process met constitutional and fairness standards
- 3 Whether the court should defer sentence pending a compliant and translated report
Ratio Decidendi
The court declined to rely on the un-translated clan reconciliation agreement because it lacked evidence of inclusive participation, including women and relatives of the deceased, and lacked proper documentation of the discussions; sentence was therefore deferred until the clans re-convene and produce a translated, representative report.
Court Disposition
Sentence deferred
Orders
- The clans shall re-convene and conduct inclusive discussions.
- A report reflecting the discussions and representation shall be prepared.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Mboi (Criminal Case 17 of 2020) [2026] KEHC 10014 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 10014 (KLR) Republic of Kenya In the High Court at Makueni Criminal Case 17 of 2020 TM Matheka, J July 3, 2026 Between Republic Prosecutor and Sammy Mulwa Kasikwa Alias Mboi Accused Ruling 1.The accused Sammy Mulwa Kasikwa alias Mboi was found guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was convicted – and the matter is coming up for sentence. 2.I called for Pre-sentence Report, and conducted sentence and mitigation hearing. 3.The accused person has placed before this court an agreement of reconciliation and compensation between Ambua clan and Kitondo clan – this agreement has not been translated into English or Kiswahili. 4.Secondly and more importantly the accused person urges that the court relies on this in support of his submission for a non-custodial sentence. 5.In view of Article 159(2) (d) of the Constitution – this court is required to encourage the parties to a dispute to find a resolution, to encourage reconciliation and respect parties choice of the manner in which they seek justice. 6.The multiple doors to justice do not close when one chooses – one can enter a number of them due to the nature of our plural justice system. 7.The only requirement is that the door – chosen must enter into a room where the Constitutional values with regard to justice are respected, and fulfilled, and applied. 8.In this case – I have seen the list of clan members alleged to be present at these discussions – not a single woman is listed as having been present/participated - not even the mothers/sisters of the deceased. There is no evidence of the ages of those who participated – neither is there evidence of the discussions and how this was arrived at. 9.Hence – before I go and rely on this “agreement” it is necessary that the two clans re-convene, that the discussions be inclusive – and the report be reflective of those discussion and representation. 10.In addition, the same be translated to either Kiswahili/English the language of the court. 11.In the circumstances the sentence ruling is differed till then. 12.This order be served on PACs Makueni for the office to assist in the Process 13.Mention on 24th July, 2026. RULING DATED SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 3RD JULY 2026.MUMBUA T MATHEKAJUDGEIn the presence of:-Ong’ong’a for accused.Musyoki for State.Accused.CA Dan/Chrispol.Mr. Odero PACs Officer