https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13059
Given the seriousness of the offence, the use of excessive force against the accused's child, and the continuing harm to the victim's mother, the court found that the offence did not warrant a non-custodial sentence and imposed a custodial term of ten years, with remand period credited under section 333(2) of the...
Source-derived case information.
- Citation
- [2026] KEHC 13059 (KLR)
- Parties
- Prosecutor: Republic; Accused: Moses Wanyonyi Wanambuko
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E042 of 2024
- Procedural Posture
- Criminal Case (murder) / Sentence After Conviction
- Outcome
- Convicted person sentenced to ten years' imprisonment.
- Judges
- ["REA Ougo"]
- Legal Topics
- Murder, Custodial Sentence, Mitigation, Pre Sentence Report, Remand Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Moses Wanyonyi Wanambuko
Accused
Procedural Posture
Criminal Case (murder) / Sentence After Conviction
Legal Issues
- 1 What sentence was appropriate following a conviction for murder.
- 2 Whether the accused was entitled to a non-custodial sentence.
- 3 Whether time spent in remand should be credited toward the sentence.
Ratio Decidendi
Given the seriousness of the offence, the use of excessive force against the accused's child, and the continuing harm to the victim's mother, the court found that the offence did not warrant a non-custodial sentence and imposed a custodial term of ten years, with remand period credited under section 333(2) of the Criminal Procedure Code.
Court Disposition
Convicted person sentenced to ten years' imprisonment.
Orders
- Moses Wanyonyi Wanambuko is sentenced to ten (10) years' imprisonment.
- The period spent in remand shall be taken into account as part of the sentence pursuant to section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL CASE NO. E042 OF 2024 (MURDER)** **REPUBLIC.......................................................PROSECUTOR** **VERSUS** **MOSES WANYONYI WANAMBUKO............................ACCUSED** **RULING ON SENTENCE** 1. Moses Wanyonyi Wanambuko was convicted of murder by this court on 9.7.2026. A pre-sentence report dated 24.7.2026 indicates the following: the accused is 46 years old and has a family. The deceased was one of his children. He has siblings, and the social inquiry established that there was no known history of criminal behaviour within his family. His marriage broke down in 2018 due to persistent domestic conflicts. After the separation, he retained custody of two children. Social investigations revealed that he consumed alcohol, and family members reported that he became aggressive when intoxicated. 2. During the interview, the accused maintained his innocence despite having been convicted. He acknowledged the gravity of the offence, expressed remorse for his son's death, and sought leniency at sentencing. His former wife described her son's death as a deeply painful and traumatic experience from which she has not recovered. She urged the Court to impose an appropriate custodial sentence, stating that she believes the offender should be held fully accountable for his actions. It was noted that there is currently no hostility towards the offender in the community and that community support would be available to facilitate his rehabilitation and reintegration. 3. The report on his conduct is unfavourable. Miss Lunani, for the accused, urged this court to consider that he has been a peaceful, law-abiding citizen and that the incident was unfortunate, a departure from his normal behaviour. She urged the court to note that he is a first offender and the breadwinner for his family, including the surviving children. She asked the court to consider the period he had been in remand. 4. Murder is a serious offence. Its penalty remains death, although this court has the discretion to impose an appropriate sentence. The circumstances of this case were very unfortunate. The accused used excessive force whilst beating his child, who died as a result of the beating. Choices have consequences. The victim, his estranged wife, is still hurting. In my view, the accused's actions do not warrant a non-custodial sentence. I therefore sentence Moses Wanyonyi Wanambuko to ten (10) years' imprisonment. The period spent in remand shall be taken into account as part of his sentence in accordance with section 333(2) of the Criminal Procedure Code. **Dated, signed and delivered virtually this 19th Day of August 2026.** **R. E.OUGO** **JUDGE** **In the presence of:** **Moses Wanyonyi Wanambuko/Accused** **Miss Matere for the State** **Miss Lunani for the Accused** **Fredrick/Minah – C/A**