By Vihiga CorrespondentPublished: May 17, 2025
VIHIGA, Kenya — The High Court in Vihiga has sentenced 17-year-old Godfrey Maseche Mulama, a Form Two school dropout, to three years’ probation for the manslaughter of his paternal uncle, Henry Angatia Ihaji. Though spared from imprisonment due to his age, the court acknowledged that Mulama now faces a different kind of sentence: cultural rejection and community stigma that threaten to derail his reintegration into society.
What Happened
The incident occurred on June 24, 2024, in Vihiga County. Ihaji had been staying at his brother Josephat Nandwa’s home after returning from Mumias. That afternoon, Ihaji and Nandwa returned from Makuchi Shopping Centre and discovered Ihaji’s bag missing. Suspecting Mulama, Ihaji broke into the teen’s nearby house through a window and retrieved some of his belongings.
An altercation ensued shortly after. Armed with a panga and a piece of timber, Mulama confronted Ihaji. During the confrontation, Mulama struck Ihaji on the head with the timber. Nandwa, who tried to intervene, was also injured. Ihaji was taken to Muhudu Dispensary and later transferred to Jumuia Friends Hospital Kaimosi, but succumbed to a severe head injury on June 27, 2024. A postmortem conducted on July 7 confirmed the cause of death.
Court Proceedings and Sentence
Initially charged with murder, Mulama entered a plea bargain on February 13, 2025, resulting in a conviction for manslaughter. Both the prosecution and defense recommended a three-year probation sentence.
According to a pre-sentence report by Probation Officer Mariam Korir, Mulama had dropped out of Kaptik Secondary School in Form Two due to financial difficulties and a troubled home environment. The report described him as a first-time offender who showed remorse and claimed he acted in self-defense.
However, Justice Jacqueline Kamau dismissed the self-defense claim, ruling,
“This court rejected his assertion that he acted out of self-defence as it was not applicable herein. He ought to bear the consequences of his action because if he were not punished, he would never value human life.”
The judge acknowledged the seriousness of the offense and societal outrage over the killing
“Killing someone is an abomination in the society, and that explained why his family and community did not want him released on a non-custodial sentence.”
Nonetheless, in line with the Sentencing Policy Guidelines 2023, which prohibit jailing minors, the court handed down a three-year probation sentence. Mulama is to serve the first year at Kimumu Senior Probation Hostel, beginning within 24 hours of sentencing.
Justice Kamau further noted, “It is unfortunate that the Subject had committed such a heinous crime, but could not be sentenced to a term that was commensurate with the offence because he was a minor.”
Cultural and Social Rejection
While the legal sentence spares Mulama incarceration, the probation report painted a grim picture of his standing within the family and community. His family described him as defiant and blamed drug abuse for his behavior. The probation officer reported that the family had fractured and was unwilling to accept him back. Local customs, the report noted, also bar his return due to the gravity of the offense.
“The family was bitter that their own child had killed their kin,” the report stated. Community members echoed this, citing a shift in his behavior from respectful to aggressive.
With the family and community firmly opposed to his return, the Probation Office recommended alternative reintegration options to support his rehabilitation in a neutral environment.
Justice Kamau acknowledged these deep cultural barriers. “If the court did not take into account the three objectives of deterrence, retribution, and denunciation of his offence at the time of sentencing him, chances of the minor being reintegrated into the society would be next to impossible as there were possibilities of being harmed.”