https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7725
The court held that, despite the mitigation, the seriousness and brutality of the murder, together with the unfavorable pre-sentence report, justified a custodial sentence of 20 years, with remand time to be credited under section 333(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 7725 (KLR)
- Parties
- Prosecution: Republic; Accused: Lewis Wafula Wanyoyi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2023
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 20 years' imprisonment.
- Judges
- ["REA Ougo"]
- Legal Topics
- Murder, Mitigation, Pre Sentence Report, Custodial Sentence, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Lewis Wafula Wanyoyi
Accused
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What sentence was appropriate for a convicted murderer.
- 2 Whether mitigation, youth, intoxication, and alleged first-offender status warranted leniency.
- 3 Whether the unfavorable pre-sentence report and brutality of the offence called for a custodial term.
Ratio Decidendi
The court held that, despite the mitigation, the seriousness and brutality of the murder, together with the unfavorable pre-sentence report, justified a custodial sentence of 20 years, with remand time to be credited under section 333(2) of the Criminal Procedure Code.
Court Disposition
Accused sentenced to 20 years' imprisonment.
Orders
- Twenty (20) years' imprisonment.
- Period spent in remand to be taken into account under section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Wanyoyi (Criminal Case E011 of 2023) [2026] KEHC 7725 (KLR) (2 June 2026) (Sentence) Neutral citation: [2026] KEHC 7725 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Case E011 of 2023 REA Ougo, J June 2, 2026 Between Republic Prosecution and Lewis Wafula Wanyoyi Accused Sentence 1.Lewis Wafula Wanyonyi has been convicted of the offence of murder. 2.He is said to be a 1st offender. 3.In mitigation, he states that he is a young man and that he kicked maturity at the time the offence was committed, and that he was intoxicated after drinking the entire day. He is remorseful. 4.His pre-sentence report, dated 13th May 2026, indicates that he is 26 years old. The report is unfavorable; it states that he has weak community ties and is a habitual offender. 5.Compensation in murder cases varies across communities for various reasons. However, the offence of murder is a serious one, as a life was lost and the victims are still hurting after the loss of their loved one. 6.I have also considered the sentencing guidelines. The deceased suffered a brutal attack and died as a result. Bad choices in life have consequences. Considering all the above, I find that a custodial sentence is appropriate. I therefore sentence the accused to twenty (20) years' imprisonment. The period the accused has been in remand shall be taken into account in accordance with the provisions of section 333(2) of the C.P.C. DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 2ND DAY OF JUNE 2026.R E OUGOJUDGEIn the presence of:-Lewis Wafula WanyonyiMiss Gacau for StateMiss Wakoli for the accused personWilkister C/A