Republic v Mulongo [2025] KEHC 8217 (KLR)

Republic v Mulongo (Criminal Case E043 of 2024) [2025] KEHC 8217 (KLR) (9 June 2025) (Sentence)

Neutral citation: [2025] KEHC 8217 (KLR)

Republic of Kenya

In the High Court at Bungoma

Criminal Case E043 of 2024

REA Ougo, J

June 9, 2025

Between

Republic

Prosecution

and

Daniel Mulongo

Accused

Sentence

1. Daniel Mulongo was charged with the murder of Nancy Nekesa Simiyu. He pleaded guilty to the offence of manslaughter after a plea bargain. The deceased was stabbed severely by the accused person and she died as a result of the stab wounds. The accused and the deceased were married.

2. The pre- sentence report dated 28. 4.2024 indicates that the victim’s family is still raged at the manner in which the accused caused the death of their kin. The accused is 24 years old. He had 2 (two) daughters (twins) with the deceased. They had issues in the marriage. The marriage was marred with allegations of infidelity and external interferences. He seeks the court’s mercy and prays for a non –custodial sentence. He is a first offender.

3. In mitigation it was stated that the accused is a first born and he takes cares of his siblings and that he was a victim of circumstances. His family had reached out to the victim’s family to resolve the issues they had of infidelity.

4. The accused seeks a non-custodial sentence. The father is ready to host him and he seeks leniency. I have considered the guidelines on sentence. Manslaughter is a serious offence and the penalty provided in law is life sentence.

5. Though he seeks a non-custodial sentence, I am not persuaded he deserves a non-custodial sentence. The accused choose to end the life of his wife in a gruesome way. The deceased didn’t deserve to die in the manner in which she died. His actions warrant a custodial sentence. I therefore sentence the accused person to serve 25 (twenty-five) years imprisonment. The period he has been in remand shall be taken into consideration as per the provisions of Section 333(2) of Criminal Procedure Code.

DATED, SIGNED, AND DELIVERED AT BUNGOMA ON THIS 9TH DAY OF JUNE, 2025. R.E. OUGOJUDGE.In the presence of:Daniel Mulongo/ AccusedMr Mararo - For the StateMs Brenda - C/A