[2025] KEHC 10569 (KLR)
The court, guided by the Supreme Court's decision in the Muruatetu Case, found that the mandatory death sentence for murder is unconstitutional and that courts must exercise discretion in sentencing. Considering the applicant's mitigation—being a first offender, his age, ill health, the length of time already served...
Source-derived case information.
- Citation
- [2025] KEHC 10569 (KLR)
- Parties
- Applicant: Charles Owino Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E060 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Resentencing After Appeal
- Outcome
- Applicant resentenced to time served plus one year probation.
- Judges
- A Mabeya
- Legal Topics
- Murder Sentencing, Resentencing Guidelines, Mitigation Factors, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Owino Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Resentencing After Appeal
Legal Issues
- 1 Whether the applicant should be resentenced in light of the Supreme Court decision in the Muruatetu Case.
- 2 What is the appropriate sentence for the applicant considering the circumstances and mitigation presented.
Ratio Decidendi
The court, guided by the Supreme Court's decision in the Muruatetu Case, found that the mandatory death sentence for murder is unconstitutional and that courts must exercise discretion in sentencing. Considering the applicant's mitigation—being a first offender, his age, ill health, the length of time already served (15 years), and the impact on his family—the court determined that a sentence of time already served plus one year probation was appropriate. The court also relied on the Pre-Sentence Report and the sentencing guidelines to ensure the sentence was just and proportionate to the circumstances.
Court Disposition
Applicant resentenced to time served plus one year probation.
Orders
- The applicant is sentenced to the term already served plus one year probation after release.
- The applicant is to be released forthwith unless otherwise lawfully held, to begin serving the probation period under the Kisumu County Probation Office.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Re[ublic (Miscellaneous Criminal Application E060 of 2025) [2025] KEHC 10569 (KLR) (21 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10569 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E060 of 2025
A Mabeya, J
July 21, 2025
Between
Charles Owino Otieno
Applicant
and
Republic
Respondent
Ruling
1. CHARLES OWINO OTIENO was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on 20/8/2010 at Ligenga Sub-location, Ugenya District within Nyanza Province, he together with another murdered George Ajode Nyabar.
2. They were tried, found guilty and convicted of the offence and sentenced to suffer death.
3. They appealed to the Court of Appeal which by its Judgment of 21/3/2025 directed that they be resentenced in view of the Muruatetu Case.
4. On 18/6/2025, he appeared before me for mitigation. I have considered his mitigation. That he is a first offender, 50 years and sickly. That his wife died while he was in custody and left 7 children who are fending for themselves. That he was incarcerated when he was 35 years and has now served 15 years in jail. I have also considered Ms. Kagali’s submission on the duty of this Court when exercising its discretion in sentencing.
5. I have also considered the detailed Pre-Sentence Report dated 4/7/2025. Having considered the totality of the foregoing and the sentencing guidelines, I sentence the accused to the term already served plus One (1) year probation after his release.
6. Accordingly, he is to be released forthwith, unless otherwise lawfully held, to start serving the one (1) year probation period under the Kisumu County Probation Office.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 21ST DAY OF JULY, 2025. A. MABEYA, FCI ArbJUDGE