https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7823

Republic v Mwaura (Criminal Case E001 of 2025) [2026] KEHC 7823 (KLR) (3 June 2026) (Sentence) Neutral citation: [2026] KEHC 7823 (KLR) Republic of Kenya In the High Court at Nyahururu Criminal Case E001 of 2025 LN Mutende, J June 3, 2026 Between Republic Prosecution and Jane Wanja Mwaura Accused Sentence 1.Jane Wanja Mwaura, the accused, was arraigned following allegations of having committed the offence of murder contrary to section 203 as read with section 204 of the Penal Code. At the outset she denied the information presented by the ODPP. However, prior to the prosecution arraigning its witnesses, her legal representative initiated an offer for plea agreement as provided by section 137C of the Criminal Procedure Code. 2.In the result, the accused signed a plea bargain agreement with the State on 2nd December, 2025 whereby she was convicted of a lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code. 3.Facts of the case are that the deceased, a minor JKK was aged 4 years and he lived with the accused, his grandmother, as his mother had disappeared from home. On 10th January, 2025 the deceased went missing from home but his guardian and grandmother did not inform anyone. Neighbours and relatives realized the child was missing hence started inquiring as to his whereabouts. At the outset the accused lied that the deceased had been taken by his mother. The deceit was discovered hence the accused was arrested and taken to the Police Station, Olmoran, by the villagers. 4.The police visited her home, conducted a search and retrieved the body of the deceased from a pit latrine. A postmortem was conducted and it was established that the cause of death was a head injury secondary to blunt force trauma. 5.Pre-sentence investigations were conducted by the Probation Department who reduced their findings into the Pre-sentence Report. Circumstances surrounding the offence were attributed to anger. That the accused had warned the deceased not to follow other children going to fetch water and when she struck the child on the head, he died instantly hence she panicked and threw the child inside the pit latrine. 6.The secondary victim, the mother of the deceased suffered shock on learning of the death of her child. But, she has since reconciled with her mother. 7.The community, led by the Chief does not support consideration for a community-based rehabilitation. The villagers burnt down the house of accused due to the heinous act, and also wanted to lynch her. That she is not safe to go back to the same community. 8.It is the recommendation of the Probation Officer that in the absence of community support, the community-based rehabilitation may not be effective. 9.In mitigation, the accused through learned counsel, Mr. Nderitu Komu states that the accused is remorseful and regrets killing her grandson. That the parents of the deceased have forgiven her. That her father is willing to take her back hence the prayer for non-custodial sentence. 10.Learned prosecution counsel, Ms. Mumbe, appreciated that the accused saved court’s time but noted the presence of aggravating factors and a life of a minor that was lost. She urged further that the accused abused the position of trust as the deceased was a grandchild. And, her act of hiding the body and lying about. In the premises she called upon the court to mete out a proportionate sentence. 11.Section 205 of the Penal Code provides thus;Any person who commits the felony of manslaughter is liable to imprisonment for life. 12.The accused is 39 years old and a first offender. She saved judicial time by entering into plea bargain with the State at the earliest opportunity. However, sentences are not meted according to the court’s whim. A sentence passed must reflect the offender’s moral culpability. A sentence should purpose to deter not only the offender but also the general public from committing a similar and/or any other offence(s). 13.From the Report of the Probation Officer, the accused has been condemned by the community, her behavior of killing her grandson is unacceptable. She disposed of the body in the pit latrine and sought to conceal the act. 14.Her family wishes to see her rehabilitated. They have proposed that she stays with her father while undergoing rehabilitation but the community in hostile. She attributes her action to anger which would call for anger management where the accused will be removed from the tense situation. 15.The primary victim in the matter was a 4-year-old child who was vulnerable and this was an extreme aggravating factor. The accused breached trust as she was the guardian of child and proceeded to conceal the body. The only mitigating factor was admitting the charge at the outset and entering into a plea bargain. 16.Having considered the circumstances in which the offence was committed and what transpired thereafter. I sentence the accused to serve twelve (12) years imprisonment, effective from 30th January, 2025, the date of arraignment. 17.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 3RD DAY OF JUNE, 2026.……………………L. N. MUTENDEJUDGE