[2025] KEHC 6782 (KLR)
The court found that Charles Maingi Mutie, the father of the two deceased minors, was responsible for their brutal murder. The court considered the seriousness and circumstances of the offence, the lack of remorse by the accused, and the strong negative reaction from his own family and the community. The judge...
Source-derived case information.
- Citation
- [2025] KEHC 6782 (KLR)
- Parties
- Applicant: Republic; Respondent: Charles Maingi Mutie
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2022
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Conviction; life imprisonment for Count I; sentence for Count II suspended.
- Judges
- WM Kagendo.
- Legal Topics
- Murder, Sentencing, Mitigation, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Maingi Mutie
Respondent
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused is guilty of murder under Section 203 as read with Section 204 of the Penal Code.
- 2 What is the appropriate sentence for the accused upon conviction for murder.
Ratio Decidendi
The court found that Charles Maingi Mutie, the father of the two deceased minors, was responsible for their brutal murder. The court considered the seriousness and circumstances of the offence, the lack of remorse by the accused, and the strong negative reaction from his own family and the community. The judge determined that the offence was so heinous and the accused so dangerous that a custodial sentence for the rest of his life was warranted for Count I. The sentence for Count II was suspended. The court emphasized the need for the sentence to be proportionate to the gravity of the crime and to protect society from the accused.
Court Disposition
Conviction; life imprisonment for Count I; sentence for Count II suspended.
Orders
- The accused is sentenced to life imprisonment for Count I.
- The sentence in Count II is suspended.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Mutie (Criminal Case E005 of 2022) [2025] KEHC 6782 (KLR) (14 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6782 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E005 of 2022
WM Kagendo., J
May 14, 2025
Between
Republic
Prosecutor
and
Charles Maingi Mutie
Respondent
Ruling
1. Charles Maingi Mutie is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in two counts. The Particulars of the first count are that on 2ND day of January 2022 at Bedesa Village, Kilibasi sub location, Kinanago sub county, within Kwale County murdered Valerian Nduko Maingi. The Particulars of the second count are that on the 2nd day of January 2022 at Bedesa Village, Kilibasi sub location, Kinanago sub county, within Kwale County, he murdered Maritima Mumo Maingi. The Prosecution tendered the evidence of 7 witnesses to support the charge that the accused person murdered the two minors
2. I have considered the seriousness of the offence herein, and circumstances under which it was committed; I have also considered the brutal and crude manner in which it was executed.
3. The innocent children were brutally murdered for no sin or crime committed. Their father who was supposed to protect them was responsible for the heinous act.
4. From the Mitigation on record he does not appear to be remorseful. I am ware hat sentencing is at the discretion of the court. It must however be commensurate or proportionate with the offence committed.
5. I note that even from the presentence report that even his own family members were shocked by this heinous act and they are against his release from custody.
6. As a father he ought to have protected these innocent lines but he acted in the most inhumane manner.
7. This is a dangerous person who should be kept away from society. I therefore sentence him inCount I to a prison term for the rest of his life.
8. The sentence in Count 2 is suspended.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 14TH DAY OF MAY, 2025. LADY JUSTICE WENDY KAGENDO JUDGEIn the presence of:-BEFORE HON. LADY JUSTICE WENDY KAGENDOCourt Assistant BeboraCourt Prosecutor Mr. Ngiri Accused person presentSIGNED BY: HON. LADY JUSTICE WENDY MICHENI