https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12464

Republic v Mutua (Criminal Case E017 of 2024) [2026] KEHC 12464 (KLR) (30 July 2026) (Sentence) Neutral citation: [2026] KEHC 12464 (KLR) Republic of Kenya In the High Court at Machakos Criminal Case E017 of 2024 NIO Adagi, J July 30, 2026 Between Republic Prosecution and Martha Katumbi Mutua Accused Sentence 1.The accused person herein is Martha Katumbi Mutua. She was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars of the Information dated 25th July 2024 are that on the 9th Day of July 2024 at Kakuyuni village, Mananja Sub-location, Nduthini Location within Machakos County, the accused person murdered Cosmas Mutua Nzioka. The accused person was first presented to court for plea on 20/08/2024 when she was said to be unfit to plead. She was therefore ordered to be taken to Mathare Mental Hospital for three months after which mental re-assessment could be done. On 15/07/2025, the accused took plea following the recommendation by Dr, Masila dated 9/7/2025 that the accused was fit to plead and competent to stand trial and after the court was satisfied that she had been assessed and found to be mentally sound and fit to take plea and stand trial. She pleaded not guilty to the charge of murder and pre-trial date was set for 30/07/2025. On the later date, the accused person through her advocate Mr. Nagwere offered to plea bargain. The actual plea bargain was concluded on 16/07/2026, with an agreement duly signed by the prosecution counsel, the defence counsel and the accused person. 2.The prosecution did apply and the court allowed for substitution of murder to manslaughter contrary to section 202 as read with section 205 of the Penal Code. The factual basis upon which the prosecution considered and accepted the plea bargain is that the process would save the court time and resources by shortening the trial. 3.The court then took the accused person through the plea bargain procedure to establish whether she understood the process and after satisfying myself that the accused understood the process, I substituted the charge of murder for manslaughter upon which the said charge by way of Information dated 21/07//2026 was read out to the accused person in Kiswahili language which she understood well and she pleaded guilty to the lesser charge of manslaughter. The Court Assistant, Millygrace, read out the facts of the case and the accused person on being asked whether the facts were correct or not correct, she admitted the facts as being correct. The court then convicted the accused person on her own plea of guilty for the offence of manslaughter contrary to section 202 of the Penal Code. 4.The facts as read out to court and as recorded are that on 9th July 2024 at around 1700hrs, the deceased Cosmas Mutua while drunk went into the home of the accused Martha Katumbi Mutua. He started forcing the accused to be his girlfriend but the accused turned him down. A fight ensued between them and the accused went to the house and came back with a panga and cut the deceased on the right leg and hands where he sustained a deep cut as well as excessive bleeding. Witnesses who witnessed the incident managed to separate them. The deceased was rushed to hospital but he succumbed to his injuries. 5.A post mortem was conducted on 15th July 2024 and as a result of the examination, the doctor formed the opinion that the cause of death was cardiopulmonary arrest due to hemopneumothorax secondary to blunt chest trauma. 6.Subsequently the accused was charged with the offence of murder which has now been substituted with manslaughter through plea bargain. 7.In mitigation, the accused through her Advocate Mr. Nagwere submitted that the accused is aged 34 years old. The accused has not wasted the court’s precious time by submitting herself to plea bargain and pleading to a lesser charge of manslaughter. The accused is the bread winner of her family; she has two children of tender ages who require the accused’s care. They are aged 15 years and 10 years respectively. The accused regrets the loss of a life and prays for a lenient sentence and proposes a non-custodial sentence. 8.On the other hand, the prosecution counsel Ms. Agatha Abang appreciated the plea bargain process which has saved on the court’s time of having to go through a full trial. She stated that she had been in contact with the victim’s family. The has been following up with the deceased’s sister one Florence Mutindi Nzioka on the Victim Impact Assessment. The deceased was the 4th born and eldest son in a family of seven siblings whose parents are also deceased. The deceased acted as the head of the family. The opinion of the deceased family is that the accused be sentenced to serve a custodial sentence. 9.This court had a chance of interrogating the deceased’s sister Florence Mutindi Nzioka who appeared in court virtually. She alleged that the accused if released will be a threat to her family as she had intimated to revenge against them if released but these allegations were not substantiated. She indicated that the prosecuting counsel had reached out to her and briefed her about the plea bargain. 10.The court also had the chance of seeing the accused person and her demeanour, she looks disturbed, unstable and worrying a lot about her children. In fact, whenever this matter came up in court, she always pleaded with the court to allow her to go and see her children and could really rattle and fluster about it. 11.This court has considered the charge as plea bargained for, from murder to manslaughter and the circumstances under which the offence was committed, the age of the accused person, and the Judiciary Policy Sentencing guidelines as well as the sentencing guidelines espoused in the Francis Muruatetu & Another v R [2017] eKLR case. In this case, as clarified by the supreme Court on 6/7/2021, the court is sentencing should consider the following factors which I shall consider in this case:a.Age of the offender;b.Being a first offender;c.Whether the offender pleaded guilty;d.Character and record of the offender;e.Commission of the offence in response to gender-based violence;f.The manner in which the offence was committed on the victim;g.The physical and psychological effect of the offence on the victim’s family;h.Remorsefulness of the offender;i.The possibility of reform and social re-adaptation of the offender;j.Any other factor that the Court considers relevant. 12.I observe that the accused person was charged with murder but has plea bargained for manslaughter and pleaded guilty to the lesser charge of manslaughter which carries up to life imprisonment upon conviction. I also observe that the accused is aged 34 years old and a first offender. She is remorseful for what she did to the deceased and her family and has asked the court to sentence her to no more than three (3) years non-custodial sentence. The prosecution asked the court to impose a prison term of fifteen (15) years. 13.The parties having reached a plea bargain agreement, which this court has had the opportunity to peruse through and has established that the deceased started forcing the accused to be his girlfriend but the accused turned him down. A fight ensued between them and the accused went to the house and came back with a panga and cut the deceased on the right leg and hands where he sustained a deep cut as well as excessive bleeding. The accused acted in self defence. 14.The Sentencing Policy Guidelines 2023 outlines the objectives of sentencing at paragraph 1.3.1 as follows: -Sentences are imposed to meet the set out sentencing objectives. There will be instances in which the objectives may conflict with each other, in so far as possible, sentences imposed should be geared towards meeting the objectives in totality. 15.The sentencing objectives in Kenya have been captured in the sentencing guidelines 2023 to be the following: -a.Retribution: to punish the offender for his/her criminal conduct in a just manner.b.Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.c.Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law-abiding person.d.Restorative justice: to address the needs arising from the criminal conduct such as loss and damages.e.Community protection: to protect the community by incapacitating the offender.f.Denunciation: to communicate the community’s condemnation of the criminal conduct.g.Reconciliation: To mend the relationship between the offender, the victim and the community.h.Reintegration: To facilitate the re-entry of the offender into the society. 16.I have considered the sentencing objectives in totality, the nature of the offence, its circumstances, the plea bargain agreement, mitigation, the views of the victim’s family, the period the accused has been in remand, the age of the accused and his responsibility towards her family and children of tender age, the fact that the accused saved judicial time by pleading guilty upon entering into the plea bargain agreement, the fact that she is remorseful and all the other necessary factors. The accused also acknowledges her mistake and regrets that a life was lost. Disposition 17.Therefore, considering all the above factors and circumstances, this court makes the following orders:(i)The accused is convicted and sentenced on her own plea of guilty for the offence of Manslaughter contrary to section 202 as read with section 205 of the Penal code;(ii)Having observed the demeanour and character of the accused person, I exercise discretion and sentence the accused to probation for a period of three years. The accused needs to be rehabilitated through counselling and guidance. 18.It is so ordered. This file is closed. SENTENCE DATED, SIGNED & DELIVERED AT MACHAKOS THIS 30TH JULY 2026.NOEL I. ADAGIJUDGE