https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12451

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL CASE NO. E009 OF 2024 ( MURDER)** **REPUBLIC………………………..………………...….PROSECUTOR** **VERSUS** **CHRISPINUS KHAEMBA MUSAMALI……..……..……ACCUSED** **RULING ON SENTENCE** 1. Chrispinus Khaemba Musamali was charged with the murder of Ronald Wasike Nyongesa. On 4th June 2026, this court found him guilty of the offence of murder and convicted him accordingly. 2. The accused is said to be a first offender. This court sought a pre-sentence report on him before sentencing. The report was submitted in court on the 14th July 2026. It states as follows: the accused is 48 years old. The accused is a married man with a wife and seven (7) children, three of whom are still attending school. 3. His relatives are supportive and state that the offence arose from a long-standing land dispute between the accused and the deceased. The dispute has since been resolved through the intervention of clan elders, and they expressed that there is no longer any conflict between the two families over the land. 4. However, the prevailing security situation remains delicate, and reconciliation efforts should continue before the offender is reintegrated into the community. Two of the accused’s siblings, Topister and Edwin Musamali, were strongly opposed to the accused being considered for a non-custodial sentence, stating that the family has yet to heal from the loss of her father. According to the report, the accused has a history of antisocial behaviour. Community members reported that he frequently assaulted his siblings and displayed aggressive, arrogant behaviour, which they attributed to alcohol abuse, his low level of education and poor upbringing. His wife has since the incident relocated to a safer location after their house was set ablaze by members of the public. 5. The Accused still denies the offence and argues that it was the deceased son who fatally attacked the deceased and that he was falsely implicated. He is seeking a non-custodial sentence, claiming that he remains the primary caregiver. The wife of the victim indicated that they have been subjected to emotional and financial hardship and that she has been left to raise her family under challenging circumstances. She opposes the Accused being released on a non-custodial sentence. 6. Having considered all the circumstances of the offence, the accused’s background, and the views of the victim’s family and community, the probation officer is of the opinion that the accused is unsuitable for a non-custodial sentence. 7. The accused, in mitigation, has pleaded for leniency when the court is passing sentence. 8. Murder is a serious offence. The pre-sentence report is unfavourable; the accused has a history of antisocial behaviour and frequently assaults his siblings. I have considered the sentencing guidelines. The accused murdered his own brother over a land dispute. He chose to do away with his brother rather than resolve the matter amicably. Choices have consequences. The victims are yet to heal. 9. I therefore sentence the accused, Chrispinus Khaemba Musamali, to twenty (20) years' imprisonment. The period he has been in custody shall be taken into account in accordance with section 333(2) of the Criminal Procedure Code. The accused has the right to appeal within 14 days. **Dated, signed and delivered virtually this 27th Day of July 2026.** **R.E.OUGO** **JUDGE** **In the presence of:** **Chrispinus Khaemba Musamali/Accused** **Miss Matere - For the State** **Mr. Shikhu - For the Accused** **Wilkister/Minah - C/A**