Republic v Mutura [2025] KEHC 2749 (KLR)

Republic v Mutura (Criminal Case 48 of 2019) [2025] KEHC 2749 (KLR) (12 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2749 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 48 of 2019

HI Ong'udi, J

March 12, 2025

Between

Republic

Prosecutor

and

Robert Kinyanjui Mutura

Accused

Ruling

1. Robert Kinaynjui Mutura the accused was initially charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. After the full hearing this court reduced the charge to manslaughter contrary to section 202 as read with section 205 of the penal code for which he was convicted.

2. M/s Okok prosecution counsel called on the court to pass a deterrent sentence against the accused who she said used excessive force against the deceased.

3. The court called for a pre-sentencing report which was filed on 11th February, 2025. The probation officer Mr. Salim Asumani recommended a non-custodial sentence. The report shows that the administration in the place where the accused hails from have no issues with his release back to the community. Further that the victim’s family were ready to have discussions with the accused’s family especially in regard to the welfare of the deceased’s daughter.

4. Mr. Mukira for the accused in mitigation submitted that the accused regrets the occurrence of this incident. That the same occurred from a moment of extreme anger and provocation. He told the court that during the pendency of the hearing of the case, the accused’s wife had been struck by a mild stroke making it a challenge for her to take care of their children. That the accused was first offender.

5. It is not lost to this court’s mind the circumstances leading to the injury to the deceased which finally led to the injuries suffered resulting in his death. Taking all this into account and the positive report from the probation office I find the accused to be suitable for a non-custodial sentence.

6. I therefore place him on probation for three (3) years, on the following conditions:i.The Probation officer Mr. Salim to follow up on the issue of reconciliation between the two families with the support of the Administration. This should be accomplished within six (6) months upon accused’s release from Prison.ii.A report to be filed in court within nine (9) months from now stating the reformation in the accused’s conduct.iii.Mention on 15/12/2025 to confirm the position. The accused to attend court on this mention date.

7. Orders accordingly.

DELIVERED, DATED AND SIGNED THIS 12TH DAY OF MARCH, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE