https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10465

Republic v Musta (Criminal Case 75 of 2019) [2026] KEHC 10465 (KLR) (Crim) (14 July 2026) (Sentence) Neutral citation: [2026] KEHC 10465 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case 75 of 2019 K Kimondo, J July 14, 2026 Between Republic Prosecutor and George Hussein Musta Accused Sentence 1.The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on 27th January 2026. 2.On 27th October 2019, at about 02.00 hours the accused returned to the house of Ruth Minyatta where mourners had gathered for a fund-raiser. He was armed with a knife and screwdriver. He then chased and caught up with Dancan Otieno Omollo alias Lefty (hereafter the deceased). A fight ensued and the deceased fell down. The accused then stabbed him twice and dragged him onto the road. 3.According to Ruth Minyatta, the accused claimed that the deceased had stolen his Oppo cellphone. The deceased succumbed to the injuries as he received first-aid at the scene. 4.Learned prosecution counsel, Ms. Kigira, prayed for a deterrent custodial sentence considering the aggravating circumstances and that there has been no reconciliation between the two families. 5.There is then the elaborate mitigation tendered by the convict’s learned counsel, Mr. Onduso, together with a written apology by the accused addressed to the victim’s family dated 27th September 2025. In addition, there is a recommendation letter dated 4th August 2025 from the Prison which is favourable to the convict. 6.Learned counsel submitted that the convict is very remorseful, a first offender, has been in custody for over 6 years. During that period, he attended various courses and held leadership positions at the prison mosque. He added that the convict is 38 years, sickly and has a young child who looks up to him. Furthermore, the offence occurred at “the heat of the moment and when the convict was drunk”. In a synopsis, it is a plea for clemency. 7.I have also studied the pre-sentencing report under the hand of Ms. Salome Muthoni, Probation Officer. She recommends a non-custodial sentence. 8.On the other hand, is the victim’s family. The deceased was 30 years old and a father of a child now in the custody of his mother. Although they expressed their anguish and grief over his death, they remained open to reconciliation. However, there has been no such effort or settlement. 9.I have taken into account all the above circumstances and the age of the convict. Although he is a first offender, his actions were reckless and extreme. He chased the deceased around a pool-table and caught up with him as he tried to jump over a gate. The convict was armed with a knife and stabbed the deceased twice. His conduct was clearly premeditated. The deceased died from “exsanguination due to chest injuries from penetrating sharp force trauma consistent with stabbing with a sharp object”. I thus find his conduct to be a major aggravating factor. 10.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 custodial sentence. It will also afford the accused an opportunity to further introspect and get full rehabilitation. 11.I accordingly sentence the accused to serve twelve (12) years in jail. However, and in accordance with section 333 (2) of the Criminal Procedure Code, the sentence shall run from 29th October 2019, the date when he was first arrested and placed in custody. 12.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 14TH DAY OF JULY 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. N. Onduso for the accused.Mr. E. Ombuna, Court Assistant.