https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12333
The court held that although the two clans reconciled and customary rites were performed, the offender remained individually culpable. Given that he was a first offender, remorseful, young, and had been in custody since 6 June 2023, a custodial sentence was still warranted. Applying section 333(2) of the Criminal...
Source-derived case information.
- Citation
- [2026] KEHC 12333 (KLR)
- Parties
- Prosecutor: Republic; Accused: Sammy Mulwa Alias Mboi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Convicted offender sentenced to imprisonment.
- Judges
- ["TM Matheka"]
- Legal Topics
- Manslaughter, Customary Reconciliation, Pre Sentence Report, Mitigation, Section 333(2) CPC, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Sammy Mulwa Alias Mboi
Accused
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What sentence was appropriate for a conviction for manslaughter.
- 2 Whether reconciliation between clans and a restorative customary payment should mitigate sentence.
- 3 The effect of pre-trial custody under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that although the two clans reconciled and customary rites were performed, the offender remained individually culpable. Given that he was a first offender, remorseful, young, and had been in custody since 6 June 2023, a custodial sentence was still warranted. Applying section 333(2) of the Criminal Procedure Code, the appropriate sentence was seven years' imprisonment backdated to the date of arrest/custody.
Court Disposition
Convicted offender sentenced to imprisonment.
Orders
- The accused is sentenced to 7 years' imprisonment.
- Sentence to run with effect from 6 June 2023.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Mulwa alias Mboi (Criminal Case 19 of 2020) [2026] KEHC 12333 (KLR) (31 July 2026) (Sentence) Neutral citation: [2026] KEHC 12333 (KLR) Republic of Kenya In the High Court at Makueni Criminal Case 19 of 2020 TM Matheka, J July 31, 2026 Between Republic Prosecutor and Sammy Mulwa Alias Mboi Accused Sentence 1.The offender was found guilty and convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code. I heard submissions on the sentence and mitigation from the prosecution and the defence counsel. 2.I sought a pre-sentence report. When the report came filed on 22/5/2026 it had annextures to demonstrate that the accused person through his clan had entered into a reconciliation and there was restoration of relations through the customary payment of a cow and a goat 3.The minutes and agreements had not been translated, there was no evidence of participation of the family of the deceased. 4.I directed that the necessary be done. 5.Vide a further report from Probation and After Care Services filed on 23/7/2026 the documents have been translated and evidence availed to show that the family of the deceased participated. 6.What is clear from the record is that the 2 clans – that of the deceased ‘Akitondo’ and that of the accused ‘Ambua’ – did the customary rites of paying a cow and a goat and Kshs 30,000/= towards the burial expenses. 7.That having been done – any bad blood that may have arisen between the 2 families has been settled. However, the 2 clans did not deal with the individual conduct of the accused person as to what would be expected of him – should he go back to the community. 8.Clearly – the punitive part of his has been left with the court. The accused is a 1st offender, he is remorseful – he is young – the death was from a single stab wound – he has been in custody since the 6th June 2023. 9.The offence of manslaughter carries a maximum life sentence – in the circumstances of this case – applying section 333(2) of the Criminal Procedure Code the accused is sentenced to 7 (seven) years; imprisonment with effect from 6th June 2023. SENTENCE RULING DATED SIGNED AND DELIVERED VIRTUALLY AT KABARNET THIS 31ST JULY 2026.MUMBUA T MATHEKAJUDGEIn the presence of:-Accused personMs Ong’ong’a for accusedMs. Musango for StateCA Chrispol