Judge urges defence to consider plea bargain in State House guard murder trial

Judge urges defence to consider plea bargain in State House guard murder trial
Judge urges defence to consider plea bargain in State House guard murder trial - Accused Kithuka Kimunyi Musyimi before the court. (Photo: Courtesy)
Accused Kithuka Kimunyi Musyimi before the court. (Photo: Courtesy)

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Justice Kavedza observed that a guilty plea could pave the way for negotiations with the Office of the Director of Public Prosecutions (ODPP), which could consider reducing the charge from murder to manslaughter, an offence that attracts a less severe sentence upon conviction.

A High Court judge has encouraged the defence in the murder trial of a man accused of killing a State House presidential guard to consider the possibility of a plea bargain, saying the evidence presented by the prosecution appears compelling.
When the case came up for hearing before Justice Diana Kavedza at the Kibera High Court, the judge urged defence counsel representing Kithuka Musyimi to discuss with his client whether he would be willing to change his plea from not guilty.
Justice Kavedza observed that a guilty plea could pave the way for negotiations with the Office of the Director of Public Prosecutions (ODPP), which could consider reducing the charge from murder to manslaughter, an offence that attracts a less severe sentence upon conviction.

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"The evidence against the accused appears overwhelming. A plea of guilty may save judicial time and could result in the prosecution considering a lesser charge," Justice Kavedza said.
The judge, however, emphasised that the decision ultimately rests with the accused and his legal team.
"It remains entirely the discretion of the accused whether to maintain the plea of not guilty or pursue any alternative course," she added.

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The court then proceeded with the hearing, during which the prosecution lined up four witnesses to testify.
According to the prosecution, the incident occurred on October 13, 2025, near one of the entrances to State House in Nairobi. Witnesses told the court that Musyimi approached two police officers on duty while armed with a bow and arrow before aiming at one of them.
The prosecution further stated that the officers were unable to immediately open fire because the accused repeatedly used passing vehicles as cover, creating a risk to fellow officers and members of the public.
"The armed officers couldn't engage him in a shootout because doing so would have endangered other officers and innocent members of the public," the court heard.
The court also heard emotional testimony regarding the final moments of the deceased officer, Ramadhan Khamisi Matanka.
Before succumbing to his injuries, the officer reportedly pleaded with his colleagues for assistance, but he had already lost a significant amount of blood.
"The deceased asked fellow officers to help him, but it was too late as he was already in the final stages of excessive bleeding," the prosecution told the court.
The trial is set to continue with the remaining prosecution witnesses.

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