In a rare and possibly unprecedented move in Kenya’s criminal justice system, the mother of a convicted violent robber has stepped forward to personally plead for leniency on behalf of her son, opening up a new and complex chapter in criminal jurisprudence.
Legal experts say the intervention by a parent in mitigation introduces a grey area that could shape future court practice, raising questions about the role of family voices in sentencing.
On March 30, 2026, Ms Regina Mwati appeared before the Milimani Law Courts Chief Magistrate to plead for her son, Raphael Kimani Gachie, alias Kim Butcher, who was convicted on March 13 over a string of violent robberies committed in 2015.
Former Kabete MP George Muchai who was assassinated on a Nairobi street in 2015.
Photo credit: File | Nation Media Group
Kimani was convicted alongside Erick Munyera Isabwa (alias Chairman), Mustafa Kimani Anyoni (alias Musto) and Stephen Ashitiva Lipopo (alias Chokore).
“This court finds that the prosecution has proved beyond a reasonable doubt that you committed robberies which culminated in the killing of Mr Muchai,” ruled trial magistrate Lucas Onyina, who then invited mitigation before sentencing.
The prosecution, led by Willie Momanyi, urged the court to impose the death penalty, arguing that the convicts had shown no remorse.
“The gravity of the offences calls for the ultimate sentence to protect society and deliver justice to the victims,” he submitted.
But in an emotional appeal, Ms Mwati, a 67-year-old widow, asked the court to show mercy. Through her lawyer, Danstan Omari, she painted a picture of a broken family left struggling in the wake of her son’s arrest.
She told the court that when Kimani was arrested, he was 34 years old.
Now 45, he is “wifeless,” after his spouse left and the responsibility of raising his daughter fell entirely on her. She said the girl, now 17, recently scored a B+ in her KCSE exams and is set to join a university later this year.
“I have been paying for my granddaughter’s education and upkeep. Age is catching up with me. I am jobless and not financially capable of supporting her university education,” Ms Mwati said in an affidavit.
She urged the court to consider an alternative sentence that would allow her son to return home and care for both his daughter and herself.
“My son is remorseful and apologetic. I plead with this court to consider the 11 years he has spent in custody,” she said.
The six suspects charged with the murder of former Kabete MP George Muchai, his two bodyguards and his driver have been convicted of violently robbing his wife, Irene Muthoni, and others.
Photo credit: Richard Munguti | Nation
“He is now an older offender whose rehabilitation is entirely feasible. Before his arrest, he was a productive member of society, running a butchery and employing others,” Mr Omari said.
The defence also highlighted Kimani’s background as a trained community health worker and first aider, as well as his participation in national HIV/AIDS initiatives.
“The goal of the justice system is not merely to punish but to return a reformed individual to society,” Mr Omari submitted while urging the court to offer his client a chance at redemption.
However, the prosecution maintained its hardline stance, insisting that the brutality of the crimes warranted the death penalty, in line with Supreme Court guidance in the Francis Muruatetu case.
Mr Momanyi told the court that the convicts used dangerous weapons, including pistols and a G3 rifle, and subjected victims to inhumane treatment after blindfolding them, forcing them into car boots and transporting them to different locations before killing them.
He further argued that the convicts had displayed poor character during the trial, including threatening a co-accused who was later acquitted.
The court will continue hearing mitigation on April 7, 2026, before delivering its sentence.
