[2021] KEHC 8597 (KLR)
The court considered the gravity of the offence, the circumstances of the murder, and the impact on the deceased's family. Despite the accused being a first offender and having mitigating personal circumstances, the brutal and unexplained nature of the murder, as well as the suffering caused to the victim's...
Source-derived case information.
- Citation
- [2021] KEHC 8597 (KLR)
- Parties
- Defendant: Peter Otieno Oyugi; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to thirty-five years imprisonment for murder
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Otieno Oyugi
Defendant
State
Respondent
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused, Peter Otieno Oyugi, found guilty of murder.
- 2 Whether mitigating factors and victim impact statements should affect the sentence imposed.
Ratio Decidendi
The court considered the gravity of the offence, the circumstances of the murder, and the impact on the deceased's family. Despite the accused being a first offender and having mitigating personal circumstances, the brutal and unexplained nature of the murder, as well as the suffering caused to the victim's dependents, warranted a severe sentence. The court exercised its discretion, taking into account the time already spent in custody, and imposed a custodial sentence of thirty-five years imprisonment, to run from the date of arrest.
Court Disposition
accused sentenced to thirty-five years imprisonment for murder
Orders
- The accused, Peter Otieno Oyugi, is sentenced to serve thirty-five (35) years in prison for the murder of Carolyne Adhiambo Odiga.
- The sentence shall run from the date of arrest, 5/9/2017, with time spent in remand custody taken into account.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 20 OF 2017
EVERLYNE AWINO ONYANGO............................................1ST ACCUSED
ALBERT OTIENO OKWARO ................................................2ND ACCUSED
PETER OTIENO OYUGI........................................................ 3RD ACCUSED
VERSUS
STATE ......................................................................................PROSECUTION
RULING ON SENTENCE
1. On 30. 11. 2020 this court found the accused person herein Peter Otieno Oyugi guilty of the offence of Murder as charged and reserved sentence after mitigation and Victim Impact Statement. The Probation Officer did not note the file for Presentence Report but the deceased’s family comprising her parents and brothers are in court and have given their expressions for loss of their dear daughter.
2. I have considered the touchy mitigations and the Victim Impact Statements by the deceased’s family. The accused is a first offender and a family man. He is also the breadwinner for his family and has been in custody since 2017. However, the deceased too had a family which is still mourning her torturous murder. She left behind dependent children, a husband and her old parents and siblings who relied on her for a living. She was a High School teacher with high prospects. Her relatives are pained and affected by the death.
3. No person has any right to take away the life of another person except by Law provided.
4. Punishment for murder is death. The deceased did not deserve to die such a brutal death. To date, this court has not been told why she was butchered and tortured to death. Only the murderers who took away her life know why they murdered her. No amount of punishment can bring her life back.
5. Exercising discretion in sentencing, I hereby sentence the accused person Peter Otieno Oyugi to serve thirty five (35) years in prison for the Murder of Carolyne Adhiambo Odiga. The sentence shall run from the date of arrest of the accused person on 5/9/2017 and the time spent in prison remand custody being taken into account.
6. Right of Appeal explained.
7. Orders accordingly.
Dated, Signed and Delivered at Siaya This 19TH Day of January, 2021
R.E. ABURILI
JUDGE