Republic v Seto (Criminal Case E066 of 2022) [2026] KEHC 110 (KLR) (Crim) (19 January 2026) (Sentence)
Neutral citation:
[2026] KEHC 110 (KLR)
Republic of Kenya
Criminal Case E066 of 2022
K Kimondo, J
January 19, 2026
Between
Republic
Prosecutor
and
Setrick Nadwa Musimbi Alias Seto
Accused
Sentence
1.The accused was adjudged guilty of the offence of manslaughter contrary to section 202 as read together with section 205 of the Penal Code.
2.The circumstances surrounding the offence are detailed in the judgment delivered on 7th October 2025. In summary, a rancorous brawl erupted between two rival matatu groups of Aldana Sacco and Eastleigh Sacco over the management of the stage at the OTC area on Racecourse Road. In the course of the scuffle, the accused stabbed the deceased with a sharp knife causing his death.
3.Learned prosecution counsel, Ms. M. Kigira, confirmed that the accused is a first offender. She however sought a deterrent sentence owing to the nature and circumstances of the offence; that the accused does not seem remorseful, and that there is a real risk of recidivism.
4.There is then the mitigation tendered on behalf of the offender by his learned counsel, Mr. V. Olala. He regretted the death of the deceased but emphasized that it occurred in the course of a scuffle. He argued that the accused had no intention to kill the deceased, never fled the locus in quo and is truly remorseful. Additionally, the offender has followed prison regulations and undertaken rehabilitation courses. He thus prayed for a non-custodial sentence to enable him to rejoin the society and take care of his mother and two young children. In a synopsis, it was a plea to temper justice with mercy.
5.I have then perused the pre-sentencing report filed on 4th December 2025 under the hand of Ms. Margaret Aduol, Probation Officer, Nairobi. She does not recommend a non-custodial sentence.
6.I have also taken into account the views of the victim’s family. The deceased was married and left behind a child aged six now under the care of the maternal grandmother. They stated that neither the accused nor his family approached them for reconciliation. They are “apprehensive of the offender being granted a lenient sentence saying their lives will be in danger as he is likely to revenge on them and everyone involved in the trial process”.
7.I have kept in mind that the accused is a first offender and now aged 33 and has expressed genuine remorse. I have weighed it against the gravity of the offence and the lasting impact on the victim’s family. The accused grabbed a sharp knife from an egg trolley and fatally stabbed the deceased. This a major aggravating factor.
8.Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. Manslaughter is a grave felony and attracts a sentence of life imprisonment. Despite the elaborate mitigation, I find that justice of the case demands a custodial sentence which will afford the offender a full opportunity for reform.
9.I accordingly sentence the accused to serve ten (10) years in jail. In accordance with section 333 (2) of the Criminal Procedure Code, the sentence shall run from 26th September 2022, the date when he was first arrested and placed in custody.
10.The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court. A copy of the proceedings, judgment and sentence shall be supplied to him immediately.It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF JANUARY 2026.KANYI KIMONDOJUDGE.Sentence read virtually on Microsoft Teams in the presence of-Accused.Ms. M. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions.Mr. V. Olala for the accused instructed by Kipchirchir & Associates Advocates.Mr. E. Ombuna, Court Assistant.