https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12465

 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUSIA** **CRIMINAL CASE NO. E009 OF 2024** **REPUBLIC………………………………………………………………..ODPP** **VERSUS** **ROBERT MAUA…………......................................................... ACCUSED** **RULING ON SENTENCE** 1. The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code; It is alleged that he murdered **Dolphina Achola Imbayi**, on the 23rd September 2024, at Mukane Village Bwaliro Sub-Location, Elukulu Location of Butula Sub-County, Busia County,. He denied the charge, and a trial was conducted. The prosecution presented 10 witnesses and the court found the charge was proved beyond reasonable doubt and accordingly convicted for the offence; 2. The deceased **Dolphina Achola Imbayi**, was deprived the most fundamental of human right the right to life this court recalls that she was a senior citizen entitled protection of the law, the confession on record is indicative that the deceased was harmless and generous in her sunset years on the fateful day she infact fed the accused. 3. In mitigation counsel for the convicts indicated remorsefulness and that the accused was a 1st time offender. 4. That in however as much as the counsel expressed remorse in mitigation it remains apparent that despite conviction Robert Maua has refused to take responsibility of his action stating that he was mis-advised to confess by his father. To this courts the continued pointing of fingers is indicative of his criminal mind that refuses to take responsibility despite confessing to the crime. 5. That the Pre-sentence report is unfavourable to the accused but of leave it to the court’s discretion on sentence. **ANALYSIS** 1. It is the duty of this court to impose a sentence that meets importance the facts and circumstances of the case; this court has considered the full circumstances of the offence which is contained in the Facts; 2. The applicable law on sentence for the offence of Murder is found under the provisions of Section 204 of the Penal Code which reads as follows; **“Any person who is convicted of murder shall be sentenced to death".** 1. The section provides for the maximum sentence, that is death; this court has taken into consideration the aggravating circumstances in that Robert Maua Strangled a 96-year-old on her bed and used his bare hands; the deceased was a widow and she is survived by 7 children and several grandchildren. She had 5 children in her first marriage and two in the home where she met her untimely death. Her home was visited and her son and daughters-in-law and one step-son were interviewed in the presence of the area assistant chief and two village elders. They all described the physical, mental and psychological torture that the offender and his family had subjected the victim to before her demise since she was elderly and frail. It is said that they had warned that they would one day cause her death and that her son should get her away from the piece of land she was occupying. They would also steal food and other provisions from her house to cause her discomfort. They were all pained by the manner in which the offender took her life as they discovered her body after a long day having assumed that she was not around. They opined that the horrific scene they found could not have been caused by one person and suspected the involvement of the accused’s father and the course of their lives has been altered irreversibly; 2. The mitigating factors taken into consideration by this court that the convict is 1st time offender with no previous criminal record; 3. The Court has to weigh the mitigating circumstances against the Aggravating Circumstances that include the runaway instances of Femicide with over 200 women killed in Kenya for no apparent reason in the past one year under similar circumstances. A deterrent sentence is appropriate under the circumstances 4. This Court accordingly imposes an imprisonment Sentence on both convicts of twenty-five (25) years to run from the 25th September 2024. 5. The convict shall be entitled to the prison remission program should they be with good conduct while serving the sentence. 6. The convicts have a right to Appeal within 14 days It is so Ordered. **Dated, Signed and Delivered at Busia** **On this day of 30th Day of July, 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **Mohochi S.M** **PRESIDING JUDGE**