https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7581
After weighing the accused’s mitigation against the seriousness of the homicide, the loss to the deceased’s family, the need for deterrence, and rehabilitation, the court found that a custodial sentence of seven years was appropriate and directed that it run from the date of arrest to comply with section 333(2) of...
Source-derived case information.
- Citation
- [2026] KEHC 7581 (KLR)
- Parties
- Prosecution: Republic; Accused: Mary Nthambi Muli
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2025
- Procedural Posture
- Criminal Sentencing After Plea Agreement on Reduced Charge (murder to Manslaughter) / Sentence
- Outcome
- Convicted on plea to manslaughter and sentenced to seven (7) years’ imprisonment.
- Judges
- ["EN Maina"]
- Legal Topics
- Manslaughter, Plea Agreement, Mitigation and Aggravation, Deterrence, Rehabilitation, Section 333(2) Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Mary Nthambi Muli
Accused
Procedural Posture
Criminal Sentencing After Plea Agreement on Reduced Charge (murder to Manslaughter) / Sentence
Legal Issues
- 1 What sentence was appropriate for the accused after a plea agreement reduced the charge from murder to manslaughter.
- 2 Whether mitigation and aggravating circumstances justified a custodial sentence of seven years.
- 3 Whether the sentence had to be backdated to the date of arrest under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
After weighing the accused’s mitigation against the seriousness of the homicide, the loss to the deceased’s family, the need for deterrence, and rehabilitation, the court found that a custodial sentence of seven years was appropriate and directed that it run from the date of arrest to comply with section 333(2) of the Criminal Procedure Code.
Court Disposition
Convicted on plea to manslaughter and sentenced to seven (7) years’ imprisonment.
Orders
- Sentence of seven (7) years’ imprisonment imposed.
- Sentence to run from 5th September 2025, the date of arrest, pursuant to section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Muli (Criminal Case E022 of 2025) [2026] KEHC 7581 (KLR) (2 June 2026) (Sentence) Neutral citation: [2026] KEHC 7581 (KLR) Republic of Kenya In the High Court at Machakos Criminal Case E022 of 2025 EN Maina, J June 2, 2026 Between Republic Prosecution and Mary Nthambi Muli Accused Sentence 1.The accused person was initially charged with the offence of murder which was reduced to manslaughter upon her entering into a plea agreement with the State. As correctly stated by her Counsel, she has saved this court judicial time in acknowledging and admitting to what she did. 2.In sentencing her, this court has taken into account all the mitigating factors which include that she is a first offender; that she is remorseful, her age, that her family has forgiven her and is willing to take her back and that the secondary victims shall no longer have somebody to take care of them in the event she is jailed. This court has also considered the probation officer’s report. 3.This court is however, also enjoined to consider the aggravating circumstances, to wit, that a life was lost in the hands of the accused person; that the victims have lost the head of their family and breadwinner and that this crime which is now on the increase in this jurisdiction and is now becoming alarming requires deterrent sentences. The accused shall also require to be rehabilitated so as to come to terms with what she did. 4.In striking a balance, I sentence the accused person to a term of imprisonment for seven (7) years. However, in order for the sentence to comply with Section 333(2) of the Criminal Procedure Code, the sentence shall be computed to run as from the date of arrest which is 5th September 2025. 5.Right of Appeal to the Court of Appeal (extent and legality of the sentence only) is explained to the accused person.Read in open court at 10.15 a.m. SENTENCE READ IN OPEN COURT AT 10.15 A.M. THIS 2ND DAY OF JUNE, 2026.E. N. MAINAJUDGEIn the presence of:Mr. Nzuve the accused personMadam Otieno for the stateAccused personMary - Court Assistant/Interpreter