https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8716

Republic v Mubia (Criminal Case 69 of 2019) [2026] KEHC 8716 (KLR) (Crim) (23 June 2026) (Sentence) Neutral citation: [2026] KEHC 8716 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case 69 of 2019 K Kimondo, J June 23, 2026 Between Republic Prosecutor and Francis Wanjohi Mubia Accused Sentence 1.The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on 23rd February 2026. At the time of that agreement, five witnesses had testified against him on the original information for murder. 2.It bears repeating that up to that stage, the accused enjoyed the presumption of innocence. The conviction and sentence for manslaughter is now based exclusively on the admitted set of facts in the plea agreement. 2.On 22nd September 2019, David Githanga Muchugia, the proprietor of Equator Bar & Restaurant and his watchman found members of the public crowding around a dead body. It was that of a female lying in prone position with the head partly burnt. There were some blood stains with traces leading to David’s rental houses. 3.The accused was David’s tenant in House No. 13. He tried to run away from the premises but was apprehended by members of the public and handed over to the OCS Soweto Police Station. 4.The trail of blood that I mentioned earlier led to the accused’s house which was closed but not padlocked. Under the bed was a white blood-stained nylon sack containing a plastic pair of ladies’ shoes, a green carrier bag and a stained white tissue. The floor was also bloody. The police also recovered a match box and a blood-stained T-shirt with blue stripes from the bathroom. The scene was documented and the body removed to the City Mortuary. 5.Fingerprinting analysis established that the unknown female was Beatrice Nabwire Oduor. According to the post mortem conducted on 27th May 2020, the cause of death was “complications of 40% total body surface area burns and inhalation burns”. The report also indicated that the deceased had a “right sided cut wound on the lumbar area 4x2 cms”. 6.Learned prosecution counsel, Ms. Kigira, prayed for a deterrent custodial sentence. She urged the court to consider that the accused “killed the deceased by stabbing her and then tried to cover up the act by burning her body and blaming one Wafula”. 7.There is then the lengthy written statement by the convict dated 13th April 2026 titled “convict statement of mitigation”. His learned counsel, Mr. Farah, informed the court that he was relying fully on it and had nothing to add. 8.The statement can be broken down as follows: That the convict is very remorseful, a first offender, has been in custody for over 6 years and attended various courses in prison as per the annexed certificates. He was also the breadwinner for his immediate and wider family. Additionally, he is now sickly with ulcers-related complications. In a synopsis, it is a plea for clemency. 9.I have also studied the pre-sentencing report under the hand of Ms. Esther Mwalili, Probation Officer. Her recommendation is inconclusive and leaves the matter in the court’s hands. 10.On the other hand, is the victim’s family. The deceased was 41 years old. Her elderly parents are sickly and eke out a living as subsistence farmers. Her death has left them “in severe economic and emotional distress”. They all along were under the impression that their kin was attacked by robbers. The father expressed “deep anger and distress [and called] for the harshest possible punishment”. 11.I have taken into account all the above circumstances and the fact that the accused is 53 years. Although he is a first offender, his actions were cold-hearted, callous and extreme. He stabbed the deceased as evidenced by the right sided cut wound on the lumbar area measuring 4x2 cms. He then set her on fire. The deceased died from “complications of 40% total body surface area burns and inhalation burns”. I find his conduct to be a major aggravating factor. 12.Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. Manslaughter is a grave felony and attracts a sentence of life imprisonment. Justice in this case can only be served by a long custodial sentence. It will also afford the accused an opportunity to further introspect and get full rehabilitation. I accordingly sentence the accused to serve fifteen (15) years in jail. However, and in accordance with section 333 (2) of the Criminal Procedure Code, the sentence shall run from 22nd September 2019, the date when he was first arrested and placed in custody. 13.The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court but only on the sentence. A copy of the proceedings and sentence shall be supplied to him immediately.It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF JUNE 2026.KANYI KIMONDOJUDGESentence read virtually on Microsoft Teams in the presence of-The accused.Ms. M. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions.Mr. D. Farah for the accused instructed by Okello Opolo & Company Advocates.Mr. E. Ombuna, Court Assistant.