[2025] KEHC 9888 (KLR)
The court found that while the accused was a first offender, remorseful, and had entered a plea agreement, the aggravating factors—specifically, the use of a knife to inflict a fatal injury and fleeing the scene—outweighed the mitigating circumstances. The court emphasized that the sentence must reflect the gravity...
Source-derived case information.
- Citation
- [2025] KEHC 9888 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kung’U Nganga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E044 of 2023
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- accused sentenced to six years imprisonment for manslaughter, sentence to run from date of arrest
- Judges
- K Kimondo
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Principles, Mitigation, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kung’U Nganga
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter under a plea agreement.
- 2 What weight should be given to the accused's remorse, first offender status, and plea agreement in sentencing.
- 3 How the aggravating factors, including use of a knife and lack of reconciliation, affect the sentence.
Ratio Decidendi
The court found that while the accused was a first offender, remorseful, and had entered a plea agreement, the aggravating factors—specifically, the use of a knife to inflict a fatal injury and fleeing the scene—outweighed the mitigating circumstances. The court emphasized that the sentence must reflect the gravity of the offence and the moral blameworthiness of the offender. The lack of reconciliation with the victim's family and the emotional and psychological harm caused further justified a custodial sentence. Consequently, the court determined that justice required a custodial sentence of six years' imprisonment, commencing from the date of arrest, to serve both punitive and...
Court Disposition
accused sentenced to six years imprisonment for manslaughter, sentence to run from date of arrest
Orders
- The accused is sentenced to serve six years in jail from 11th June 2023.
- A copy of the proceedings and sentence shall be supplied to the accused immediately.
Full Case Text
Judgment text and source record
29 paragraphs
Republic v Nganga (Criminal Case E044 of 2023) [2025] KEHC 9888 (KLR) (Crim) (8 July 2025) (Sentence)
Neutral citation: [2025] KEHC 9888 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E044 of 2023
K Kimondo, J
July 8, 2025
Between
Republic
Prosecutor
and
Joseph Kung’U Nganga
Accused
Sentence
1. The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on 26th March 2025.
2. On 10th June 2023, Perminus Githendu alias G-man (hereafter the deceased) and accused were together at Mapatano Bar taking alcohol and chewing miraa (khat). Another man, Patrick Mureithi was with them. He saw the accused and deceased enter into a heated argument but he calmed them down. The three three stayed at the establishment until 23:00 hours when the bar closed
3. The deceased then went into another miraa joint at Benedicta area operated by Evangeline Njoki Muriuki. At around 01:00 hours on the 11th June 2023, the accused arrived brandishing a knife and stabbed the deceased on the left thigh. The deceased was rushed to Puma Hospital in Utawala and later to Bristol Park Hospital where he succumbed to the injuries. The accused, who took off from the scene, was arrested a kilometer away from the scene and the knife recovered from him.
4. The autopsy report by Dr. Peter Ndegwa (exhibit 3) confirms that the cause of death was “exsanguination due to a vascular injury from sharp force trauma” which I find to be consistent with the facts read out at the trial and now admitted by the accused.
5. Learned prosecution counsel, Ms. Kigira, confirmed from the CRO records that the accused is a first offender. However, she urged the court to consider the gravity of the crime and its impact on the victim’s family.
6. There is then the mitigation tendered on behalf of the accused by his learned counsel, Mr. Kimani. He emphasized that the accused regrets his conduct and has saved the court judicial time by entering into the plea agreement. He added that the accused is young, remorseful and was extending an apology to the victims through the court. He added that the accused has undergone reform in prison and pleaded for leniency; preferably a non-custodial sentence.
7. I have also considered the pre-sentencing report dated 24th April 2025 under the hand of Mr. Kiriga Kimani, Probation Officer. The accused is 33 years old and a first offender. He seems to be genuinely remorseful and prays for a fresh start in life.
8. But on the other hand, is the victim’s family. They are still bitter and have never been approached by the family of the accused for reconciliation. According to the social report, “their kin’s life was cut short at the prime of his life…they were affected emotionally and psychologiacally…and wish the offender gets the maximum sentence according to the law”.
9. I thus find that the accused’s unrelenting anger led to loss of an innocent life. It has now ended in needless agony for the family of the deceased. The fact that he used a knife to slice off a major blood vessel on the victim’s thigh and he ran away remains an aggravating factor. It is also clear that the family of the victim is still hurting and no reconciliation has taken place.
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. Like I have stated, the fact the fact that he used a knife to slice off a major blood vessel on the victim’s thigh and he ran away is a major aggravating factor
11. Justice of the case thus demands a custodial sentence. It will also afford the accused an opportunity to further introspect, get anger counselling and undergo further reform.
12. I accordingly sentence the accused to serve six (6) years in jail. The sentence shall run from 11th June 2023, the date when he was first arrested and placed in custody.
13. 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 8TH DAY OF JULY 2025. 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. E. Ombuna, Court Assistant.