https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8000

Republic v Muasya (Criminal Case E024 of 2024) [2026] KEHC 8000 (KLR) (9 June 2026) (Sentence) Neutral citation: [2026] KEHC 8000 (KLR) Republic of Kenya In the High Court at Machakos Criminal Case E024 of 2024 NIO Adagi, J June 9, 2026 Between Republic Prosecution and John Wambua Muasya Accused Sentence 1.The accused John Wambua Muasya was initially charged with the offence of murder Contrary to section 203 as read with section 204 of the Penal Code and by a plea bargain agreement entered into between the accused and the prosecution and accepted and recorded in Court on 21st day of May 2026. The said charges were reduced to manslaughter contrary to section 202 as read with section 205 of the Penal code. The particulars of which were that on the 25th day of August 2024 at Mathiani village. Kathiani Sub-location, Kathiani Sub-County, within Machakos County unlawfully caused the death of John Katheka Muasya. 2.He pleaded guilty to the said charges, the fact of which were that on 24th August 2024, the deceased John Katheka Muasya went to his mother’s house. He is the elder son of the family who had no fixed abode and would sometimes visit his mother’s house and sometimes sleepover. On the night of 24th August 2024, the deceased locked himself in the sitting room of his mother’s house. The mother locked herself in her room thereafter fearing the deceased might harm her. The following day the accused John Wambua Muasya came and the mother narrated to him what happened the previous night. Later, the accused came with another and the deceased refused to open the door for them. The deceased later yielded to the pressure and he was forced to open the door. They went inside the house. The deceased and the accused had a heated argument. The deceased wanted to attack the accused with a wooden stick which was in his possession but the accused snatched the same and hit the deceased on the head where he sustained injuries. The deceased fell down and blood started oozing out onto the floor. The accused carried the deceased from the house and took him outside to the compound and left him there. Other people made arrangements to take the deceased to hospital. The police were informed and found the deceased lying dead with injuries on the head and face. The scene was documented and a blood stained wooden stick was recovered as an exhibit. 3.A post mortem was conducted on 3rd September 2024 and as a result of the examination, the doctor formed the opinion that the cause of death was severe head injury due to intracerebral haemorrhage and sub-dural hematoma. 4.Subsequently the accused was charged with the offence of murder which has now been substituted with manslaughter through plea bargain. 5.In mitigation, the accused through his Advocate Mr. Muli submitted that the accused is aged 55 years of age. Looking at the totality of the evidence provided and the Plea Bargain Agreement, it is clear that the accused was out to defend his mother. The accused and the deceased are siblings. The accused was overcome by anger and has now learnt the hard way. The accused has been in custody since September 2024. That the victim impact assessment report shows that the family of the deceased is ready to have him reintegrated back into the society. Mr. Muli cited the Bible in Matthew 5:38-42 where Jesus taught about the principle of an eye for an eye which principle has since changed to when one cheek is slapped, give the other cheek to also be slapped. The accused is very remorseful. Their mother Rhoda Kamene whom the accused was trying to defend from attack by the deceased is now aged 90 years and unwell. It is only the accused who was living with her and since the accused went to prison, her health has deteriorated. The said mother has sworn an affidavit stating that she has forgiven the accused and pleads that the court does forgive the accused. The advocate prayed for an absolute discharge under Section 35 of the Penal Code. The advocate also cited the Bible in John 8:1-11 and submitted that just as Jesus did not condemn the adulterous woman the accused should not be condemned. It was submitted that the accused has no indiscipline cases at the prison. He has gained some skills while in custody including masonry. 6.Ms. Agatha Abang, the prosecuting counsel, stated that the state appreciated the accused for agreeing to undertake the plea bargain negotiations. She had discussions with the family of the victim. The mother of the victim who is also the mother to the accused is aged and unwell and has indicated their sentiments in the victim impact assessment report dated 14th May 2026. This being a family matter, the prosecution had proposed a non-custodial sentence. 7.The parties having reached a plea bargain agreement, which this court has had the opportunity to peruse through and has established that the deceased wanted to attack the accused with a wooden stick which was in his possession but the accused snatched the same and hit the deceased on the head where he sustained injuries. The accused acted in self defence. 8.I have looked at the post-mortem report produced as prosecution as Exhibit.1 which confirmed that the cause of the deceased’s death was severe head injury due to intracerebral haemorrhage and sub-dural hematoma. 9.The Sentencing Policy Guidelines 2023 outlines the objectives of sentencing at paragraph 1.3.1 as follows: -Sentences are imposed to meet the set out sentencing objectives. There will be instances in which the objectives may conflict with each other, in so far as possible, sentences imposed should be geared towards meeting the objectives in totality. 10.The sentencing objectives in Kenya have been captured in the sentencing guidelines 2023 to be the following: -a.Retribution: to punish the offender for his/her criminal conduct in a just manner.b.Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.c.Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law-abiding person.d.Restorative justice: to address the needs arising from the criminal conduct such as loss and damages.e.Community protection: to protect the community by incapacitating the offender.f.Denunciation: to communicate the community’s condemnation of the criminal conduct.g.Reconciliation: To mend the relationship between the offender, the victim and the community.h.Reintegration: To facilitate the re-entry of the offender into the society. 11.I have considered the sentencing objectives in totality, the nature of the offence, its circumstances, the plea bargain agreement, the victim impact assessment report, mitigation, the period the accused has been in remand , the age of the accused and his responsibility towards his elderly and sick mother, the fact that the accused saved judicial time by pleading guilty upon entering into the plea bargain agreement, the fact that he is remorseful and the fact that his family which is also the family of deceased have forgiven him and are ready to welcome him back to the society and all the other necessary factors. The accused also acknowledges his mistake which he attributes to his temper and states that for the duration he has been in custody, he has learnt the hard way. Disposition 12.Having taken all factors into consideration, this court makes the following orders:(i)The accused is convicted and sentenced on his own plea of guilty for the offence of Manslaughter contrary to section 202 as read with section 205 of the Penal code;(ii)This court observes that as per the victim impact assessment report tendered before court, the family members of both the accused & the deceased have extended their forgiveness and are willing to have the accused come back home and be reintegrated in the society. The accused has been forgiven by his family as demonstrated by her cousins, village manager and her mother who pleaded with the court under oath to discharge the accused unconditionally. Sentencing is at the discretion of the court, it having been confirmed that the accused and the deceased were siblings and that their family has forgiven the accused and would wish to move on, this court has no reason to go against the wishes of the family in this matter and will proceed to order that the Accused person be discharged unconditionally and be set free of the charges herein so that he can go and take care of his ailing mother who has pleaded for his unconditional release.It is so ordered. This file is closed. SENTENCE DATED, SIGNED & DELIVERED VIRTULLAY ON TEAMS AT MACHAKOS THIS 9TH JUNE 2026NOEL I. ADAGIJUDGEIn the presence of :Mr. Muli for the AccusedMs. Abang for the StateMillygrace-Court Assistant