Republic v Waki (Criminal Case 24 of 2018) [2026] KEHC 11672 (KLR) (29 July 2026) (Sentence)
Although custody was the more suitable sentence in principle, the court treated the friendship between the accused and deceased, the family circumstances including mental infirmity, the absence of intent to kill, and the deceased’s family’s forgiveness as sufficient mitigation to justify a non-custodial sentence....
Source-derived case information.
- Citation
- [2026] KEHC 11672 (KLR)
- Parties
- Prosecution: Republic; Accused: Ancetus Muysoki Waki
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2018
- Procedural Posture
- Criminal Case Sentence / Sentencing
- Outcome
- Accused sentenced to probation for three years.
- Judges
- ["EN Maina"]
- Legal Topics
- Manslaughter Sentencing, Non Custodial Sentence, Mitigation, Pre Sentence Report, Victim Forgiveness, Mental Infirmity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Prosecution
Ancetus Muysoki Waki
Accused
Procedural Posture
Criminal Case Sentence / Sentencing
Legal Issues
- 1 What sentence was appropriate for the accused after conviction in a case involving loss of life.
- 2 Whether the circumstances justified a non-custodial sentence instead of imprisonment.
- 3 Whether probation was suitable given the accused’s family circumstances, the pre-sentence report, and the views of the deceased’s family.
Ratio Decidendi
Although custody was the more suitable sentence in principle, the court treated the friendship between the accused and deceased, the family circumstances including mental infirmity, the absence of intent to kill, and the deceased’s family’s forgiveness as sufficient mitigation to justify a non-custodial sentence. The accused was therefore placed on probation for three years.
Court Disposition
Accused sentenced to probation for three years.
Orders
- The accused is placed on probation for a period of three years.
- If the accused commits another offence within that period, he shall be liable to be sentenced for this offence.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Waki (Criminal Case 24 of 2018) [2026] KEHC 11672 (KLR) (29 July 2026) (Sentence) Neutral citation: [2026] KEHC 11672 (KLR) Republic of Kenya In the High Court at Machakos Criminal Case 24 of 2018 EN Maina, J July 29, 2026 Between Republic Prosecution and Ancetus Muysoki Waki Accused Sentence 1.I have heard and considered the submissions of both counsel for the accused and the State. Indeed a life lost cannot be regained and this court must jealously guard the sanctity of life. It is precious. 2.This court must however also take into account the circumstances of this offence. The pre-sentence report discloses that the accused and the deceased were good friends and that the occurrence arose from a slur directed at the accused’s family. 3.The pre-sentence report and the medical reports confirm that the family of the accused suffer from mental infirmity. Much as that may not excuse what the accused did, it was evident, and this court found it a fact that he never intended to kill the deceased. 4.There was no way he would have known that the blow would cause death. Nevertheless, it did happen. The family of the deceased has forgiven him and it is not opposed to him being given a non-custodial sentence. 5.A custodial sentence would be the most suitable but given the circumstances of his family, I am inclined to consider a non-custodial sentence. 6.Accordingly, I shall place the accused on probation for a period of three years. Should he commit another offence within that period, then he shall be liable to be sentenced for this offence. 7.It is so ordered. SENTENCE SIGNED, DATED AND DELIVERED IN OPEN COURT ON THIS 29TH DAY OF JULY, 2026.E. N. MAINAJUDGEIn the presence of:Mr. Masila for the StateMr. Mbindyo for the accused personThe accused personMiriam - Court Assistant/Interpreter