https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10064

**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **HIGH COURT CRIMINAL CASE NO. E004 OF 2024** **REPUBLIC…………………………….ODPP/PROSECUTOR** **VERSUS** **HUMPHREY BROWN OSUKA………….ACCUSED PERSON** **JUDGMENT** **PLEA BARGAINING AGREEMENT FILED ON 29/5/2025** **INFORMATION** 1. The Accused Personherein **Humphrey Brown** was charged with the offence of manslaughter Contrary to **Section 202 a**s read with **Section 205** of the Penal Code **Cap.63 Laws of Kenya.** 2. Particulars of the offence being that on the night of 25th December, 2023 around 8.00 pm at Jericho Shopping Centre in Kamukunji Sub-County within Nairobi County unlawfully killed **ROY KURIA MAINA.** 3. The particulars of lesser charge of manslaughter were read to the Accused person including the statement and particulars of offence of manslaughter in Kiswahili by Court Assistant Kiptoo. The Accused person stated ‘Ninakubali’ translated to ‘I agree/accept the charge’. **FACTS IN ENGLISH** 1. On 25/12/2023 at 12.00 pm the Accused Humphrey was within Jericho Social Hall and he met his girlfriend Sarah Achilla Aloo and went to the Wine & Spirit. They met George Odhiambo at the Pool table and he was the new boyfriend of his girlfriend. They drunk and played Pool all 3 of them. Sarah went home and cooked food for 2 men and brought the food to each of them. 2. At around 7.30 pm. Roy Kuria deceased came to the Wine & Spirit shop and peeped through and then sat outside with the group. A joke was made that mocked Sarah that they had met 2 boyfriends of Sarah. 3. Accused got suspicious, asked Sarah Chilla to choose between him and George Odhambo whereby Sarah responded ‘Mimi natambua ‘Teki’ sio ‘Bro’. The Accused was drunk and he was hurt and he begun to beat-up each and every one. Sarah and Teki ran away left Roy Kuria (deceased) and a friend Titus. The Accused removed a penknife from his waist and stabbed deceased on the chest and he fell down **while** he bled and he was rushed to the hospital and was declared dead on arrival. He did not return home. 1. The Accused ran and hid at Sarah’s house and refused to come out. He was ejected by those who witnessed the incident and he was taken to the hospital. Upon hearing that the deceased died he cried and he said that did not intend to do so. He was arrested by Police Officers from Buruburu Police Station. The Police Pathologist found that the deceased died from stab wound and excessive bleeding. The Investigating Officer was allowed to detain the Accused for one month to complete investigation in **Misc Application E1624/2024 Milimani Law Courts.** 1. On 29/12/2023 Sarah’s mother saw a hidden bag and upon opening it she found 2 penknives and handed the 2 knives to Buruburu Police Station. They were hidden by Accused when he ran to Sarah’s house to seek refuge. He was arraigned before the court and charged with the offence of murder. The following exhibits were produced; * 1. Post mortem Report – Exhibit 5 2. Photographs at the scene bundle – Exhibit -2 3. 2 penknives – 3 (a) and (b) 4. The T-shirt – Exhibit 4 5. Government Analyst Report of 23/9/2025 Exhibit 5 dated 23/9/2025 which confirmed blood on the penknife and T-shirt and matched that of the deceased Roy Kuria. **Accused** – I agree to the Facts 1. **Court** – The Accused is guilty of the lesser charge of manslaughter on his own plea of guilt as per the charge and particulars read to him and as per the Facts read to him in English. **PRE-SENTENCE PROCEEDINGS.** 1. **Mr. Bickoh ODPP –** The Accused person has no record and I note that there is an Apology written to the family – letter to mother dated 7/4/2025. I note the letter of 7/4/2025. Life is/ was lost and any action should have consequences. The deceased was a young man 34 years old who had life ahead of him of his and taken away abruptly by the Accused person. The circumstances that surrounded the death is/was heart breaking the deceased, had no role to play because in the relationship between the girlfriend and the Accused person where the girlfriend chose the deceased, the deceased had not role to play and the deceased did not say anything and he began to bleed from the chest after the attack.I note that actions were reckless on the part of the Accused person and was out of anger and that should be he discouraged. 2. The family of the deceased indicate they are in shock and still mourning the loss of their son and they pray the court despite the letter to consider the maximum sentence available. That is all from the Prosecution. 1. **Mr. Lwanga – for the Accused person;** The Accused was convicted on the offence of manslaughter and the charge was read to him. Paragraph 9 of the facts as per the Plea Bargain Agreement indicate that;the two proceeded to a wine and spirits place where they came across the latter’s new boyfriend namely George Odhiambo Owinga alias Tekla , playing at the pool table. The two started to have some alcoholic drinks where they joined by others in playing pool table. 1. Paragraph 13 of the Agreement, the Accused got suspicious asked Sarah Achilla to choose between him and George Odhiambo, whereby Sarah Achilla responded; ‘Mimi natambua’Tekla sio Brown implying she loved George Odhiambo’ and not Accused. Therefore, the deceased Roy Kuria Maina was 3rd party and not the one involved in the love triangle as stated by Prosecution in Pre-sentence Address. 14. Counsel mitigated by presenting the circumstances on which they prayed for leniency from the court. The Accused person is a 1st time offender and as observed in the amended Pre-sentence Report of 2015/2026 Community attitude was that he did not have a conflict with the law. The Accused person found himself in the circumstances which he did not intend and was accidental. The Accused person has had time to reflect upon the circumstances he found himself in the result of the deceased’s death. He is remorseful and he has apologized to the family demonstrated 4 months after his arrest and arraignment and on his own volition wrote the letter of 7/4/2025 not only to console but express remorse and the circumstances that led to the incident. The letter is admitted to have been received and the Amended Pre -sentence Report that the deceased’s mother acknowledged the letter of apology. 15. Indeed the Accused person has since reformed and sought to undertake religious training report in record. He is of strong faith and a believer who knows to live with people in the society. There are several certificates on court record;. Certificates of Completion – 3/10/2024 Faith comes by Hearing; 23/5/2023 Prison Project Phillip; 22/10/2024 Prison Project Phillip;19/3/2024 Prison Fellowship International Foundations Bible Study Service – by correspondence Emmaus Bible School – 22/11/2023 Emmaus Bible School 2/9/2024 – Diploma Protestant C Protestant Christian Church- Certificate of Baptism 16. The Kenya National Prisons Service – Personnel who take care of the Accused person have written a recommendation letter on his behavior, transformation and probation rehabilitation. Letter of In-charge of Nairobi Maximum Prison of 7/4/2025. Letter read out by Counsel in part; the Accused person reform and rehabilitation and should be considered opportunity to go back to society. The recommendation of the Pre- Sentence Report is for non -custodial sentence, sanction on Probation is recommended. 17. The accused person was humbly asking the court to see through the circumstances of the offence and see that the personal reform and remains remorseful and the court to exercise discretion for sentencing for 1st offender and issue the accused person a non- custodial sentence. The Counsel stated that the court takes into account that accused person has saved this court precious time to enter into the Plea Bargain Agreement. They prayed for non-custodial sentence and persuasion to be provided by decision of **Hon. L. J. R. Ngetich in Elama Ravine HCT No. 4/2023 Republic vs. Evans Kiprono Chumba** the Court had to address her mind on issue of remorsefulness of the accused and youthfulness of the Accused and community not opposing non-custodial sentence in the matter and it involved a love triangle and circumstances were more or less as in this case. The Accused person was admitted to non-custodial sentence. Paragraph 15 of the Judgment for the accused person to be able to go for community- based rehabilitation. The Accused was has been in remand and on prison based rehabilitation and given attitude towards this matter. The Counsel prayed that the Accused person to be admitted to community-based rehabilitation through non-custodial sentence. **Reference was made to Hon. Waweru J. Nyeri High Court High Court Criminal Case No. 06 of 2005 Peter Mwangi Njagi Vs. Republic** that everyone deserves a 2nd chance. The Accused person gets a 2nd chance. **18. Mr. Otwal For Victims** – stated; I have issue with ODPP/State/Republic/Prosecution and a life was lost. We have had sentiments from Defense that there should be leniency as admitted deceased was 30 years only and was a 3rd Party did not deserve to die the way he died and family lost breadwinner a young man who due to the intervening circumstance. We pray the Court to issue the maximum sentence available in the circumstances. **SENTENCING** 19. **COURT** – The Pre-sentence proceedings have been at length with responses to Correspondence, Reports and Case Law. The court will consider these responses and court record before sentence on 11/6/2026. 1. The Court has considered the content of presentencing proceedings the victim, mother of the deceased; Dorcas Wambui Kuria opposed that Pre-bargain Agreement due to pain and anguish at the loss of her son during his prime and robbed him for a long fruitful and successful life and deprived family financially emotionally and socially. The loss of life cannot be taken for granted. 1. The circumstances of the offence have aggravating factors; weapon, Penknives recovered from Sarah’s house by Sarah’s mother. The anger by accused was visited to an unrelated party to the love triangle. The deceased was not armed there was no provocation and he was not acting in self -defense. 2. The accused person has mitigating factors he is a 1st offender young man and remorseful. The Pre Sentence Report is favorable. The accused person has reformed as per list of certificates produced during Pre-sentence proceedings and confirmed by letter of Officer in Charge Nairobi Remanded dated 7/4/2025 and letter to mother of the deceased of same date. It is recognized that the Accused person is remorseful. However, a life is lost and nothing can change the same therefore the case is not conducive for non- custodial sentence and the Accuse person is sentenced to serve 10 years imprisonment to run with effect from the date of arrest 11/1/2024. Right of Appeal. **DELIVERED SIGNED DATED IN OPEN COURT** **CRIMINAL DIVISION HIGH COURT NAIROBI ON 11/6/2026.** **M.W. MUIGAI** **JUDGE**