[2025] KEHC 7516 (KLR)

[2025] KEHC 7516 (KLR)

Although section 204 of the Penal Code prescribes the death penalty for murder, the court considered the Judiciary Sentencing Policy Guidelines, 2023, which allow for judicial discretion in sentencing based on the seriousness of the offence and mitigating factors. The accused is a first offender and expressed...

Source-derived case information.

Citation
[2025] KEHC 7516 (KLR)
Parties
Applicant: Republic; Defendant: Allan Ouma Abuto
Court
High Court
Court Station
High Court at Homa Bay
Jurisdiction
Kenya
Judgment Date
28 May 2025
Case Number
Criminal Case E023 of 2024
Procedural Posture
Criminal Case / Sentence
Outcome
accused sentenced to 30 years' imprisonment for murder
Judges
OA Sewe
Legal Topics
Sentencing Guidelines, Murder, Mitigation, Pre Sentence Report
Source Language
english
Criminal Law Sentencing Guidelines Murder Mitigation Pre Sentence Report

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Parties

Republic

Applicant

Allan Ouma Abuto

Defendant

Procedural Posture

Criminal Case / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the accused convicted of murder under section 204 of the Penal Code.
  2. 2 Whether mitigating factors and the recommendations of the Pre-Sentence and Victim Impact Assessment Reports justify a non-custodial sentence.

Ratio Decidendi

Although section 204 of the Penal Code prescribes the death penalty for murder, the court considered the Judiciary Sentencing Policy Guidelines, 2023, which allow for judicial discretion in sentencing based on the seriousness of the offence and mitigating factors. The accused is a first offender and expressed remorse, but the Pre-Sentence and Victim Impact Assessment Reports revealed that the family and community are opposed to a non-custodial sentence due to the accused's history of threats and the trauma caused. The reports also indicated that the accused's return would endanger both himself and others. Weighing these factors, the court found that a custodial sentence was necessary to...

Court Disposition

accused sentenced to 30 years' imprisonment for murder

Orders

  • The accused, Allan Ouma Abuto, is sentenced to imprisonment for a period of 30 years.