https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7304

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT THIKA** **CRIMINAL CASE NO. E001 OF 2026** **REPUBLIC………..…..………...………….....………..……PROSECUTION** **VERSUS** **JOHN KIMANI WANJIRU………………..…………………….ACCUSED** **R U L I N G** **Brief Facts** 1. On 22/1/2026 the accused person pleaded guilty to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on the 28th day of December 2025 at Kamwangi Township in Gatundu North sub county within Kiambu County murdered A.K.W. 2. The accused person admitted to the charge after it was read out to him, that he killed the deceased. 3. Briefly, the facts of the case are that on 28th December 2025 at around 1015 hours, one Hannah Waruguu, a caretaker went out of her house and saw a dead man with dreadlocks and a torn red t-shirt lying lifeless on the fence. She immediately informed the authorities and the area chief Mr. Kirongo went to the scene accompanied by the OCS Kamwangi, Chief Inspector Wamuya as well as DCI officers. The DCI officers processed the scene and the deceased’s body which had no physical injuries. The said officers did not find any documents of identification on the deceased. Later in the day, a member of the public gave information to the police that the deceased was last seen at Stage bar at Kamwangi market being beaten by the accused person. The investigating team followed up on the same and summoned the bar attendant Judy Nyambura and Ferista Wanjiku Njoroge. The two bar attendants and said they saw the deceased entering the bar at 03.00 hours and that they greeted him. Both the accused and the deceased while in the bar, engaged each other in unwarranted verbal exchanges at about 0400 hours, they were at it again which episode resulted into a fight. Ferista Wanjiku Njoroge stated that she and others intervened to stop the fight. The deceased went out and he was followed immediately by the accused person. After about 30 minutes the accused came back to the bar and bought cigarettes, and then he left. The deceased was later in the morning found dead in a farm about 300m from the Stage bar. On 4th January 2026, the family of the deceased identified the deceased as their 17 year old son. 1. The post mortem was conducted on 7th January 2026 and it was established that the cause of death was acute pulmonary oedema, acute upper gastrointestinal haemorrhage due to gastric ulcers and mild head injury due to blunt force trauma. 2. In mitigation, the defence counsel Mr. Mburu told the court that the accused person was remorseful and a first offender He said that the accused had lived a difficult life before the incident. The counsel further urged the court to give the accused a non-custodial sentence. 3. The prosecution stated that the accused person was a first offender. and asked the court to take into consideration the fact that the deceased was aged only 17 years at the time of the incident and that he had been staying with his maternal grandmother and took care of his siblings. The prosecution argued that the killing was senseless and that the accused person was not remorseful for his actions. Further the accused person was known to be violent and had poor relations with his family and the community at large. He was known to be arrogant and irresponsible in his conduct towards others. The prosecution urged the court to give a custodial sentence since the community was still angry of the actions of the accused. The prosecution submitted that the gravity of the offence ought to be considered in sentencing. 4. The pre-sentence report dated 27th April 2026 was to the effect that the accused person was not remorseful and his account of the incident largely focused on justifying his actions as a response to revocation with limited acknowledgment of the consequences of his action to the deceased and his family. The assistant chief described the accused person as violent, arrogant and known for poor relations with both relatives and the local community. Further the accused person was said to be a known drug abuser. The traders and co-workers at Kamwangi Market, where the accused person worked, described the accused person as violent, arrogant and irresponsible. He was reportedly aggressive mostly while intoxicated and used his endowed stature to intimidate others. The report revealed that there was concern that the accused person may be harmed if released back into the community. The report further revealed that the accused person had poor family ties and had experienced rejection after he sold his inherited land. The report recommended that the accused person was not suitable for a non custodial sentence. 1. I have considered the factors set out in Judiciary Sentencing Policy in regard to sentencing and mitigation of the accused person. In my considered view, a non-custodial sentence is not appropriate having regard to the circumstances of the offence. The loss of life was not justified in the violent acts of the accused. As such, a deterrent sentence is appropriate in this case. However this court considers that by the act of pleading guilty to the offence, the accused person saved the precious time of the court. This is a factor that the court takes into consideration and mitigates the sentence to be imposed on the accused person. 2. The record shows that the accused has been in custody since the day of his arrest being 28th December 2025. Pursuant to Section 333 of the Criminal Procedure Code, the court requires to take into account this period while sentencing. 1. Consequently, the accused person is hereby sentenced to serve fifteen (15) years imprisonment to commence from the date of arrest, being 28th December 2025. 2. It is hereby so ordered. ***RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT THIKA THIS 21ST DAY OF MAY 2026.*** **F. MUCHEMI** **JUDGE**