[2025] KEHC 4219 (KLR)
The court found that, despite positive aspects in the pre-sentence report and mitigation, the accused's lack of candour—evidenced by conflicting accounts to his family and the court—undermined his plea for leniency. The court determined that the gravity of the offence, the loss suffered by the deceased's children,...
Source-derived case information.
- Citation
- [2025] KEHC 4219 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Oduori Abuya
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E019 of 2023
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to 25 years' imprisonment for murder.
- Judges
- WM Musyoka
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Oduori Abuya
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused, convicted of murder, considering the circumstances and mitigation?
- 2 Does the accused's lack of candour and conflicting accounts affect the court's assessment of remorse and suitability for leniency?
Ratio Decidendi
The court found that, despite positive aspects in the pre-sentence report and mitigation, the accused's lack of candour—evidenced by conflicting accounts to his family and the court—undermined his plea for leniency. The court determined that the gravity of the offence, the loss suffered by the deceased's children, and the accused's responsibility for the death outweighed the mitigating factors. Consequently, a custodial sentence of 25 years' imprisonment was imposed as appropriate for the murder conviction, reflecting both the seriousness of the crime and the need for justice for the victim and her family.
Court Disposition
Accused sentenced to 25 years' imprisonment for murder.
Orders
- The accused, Stephen Oduori Abuya, is sentenced to 25 years' imprisonment for the murder of Carren Auma Achieng.
- Right of appeal to the Court of Appeal within 14 days from the date of the order.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Abuya (Criminal Case E019 of 2023) [2025] KEHC 4219 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4219 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E019 of 2023
WM Musyoka, J
April 4, 2025
Between
Republic
Prosecution
and
Stephen Oduori Abuya
Accused
Ruling
1. I convicted the accused person herein, Stephen Oduori Abuya, on 14th March 2025, of the murder of Carren Auma Achieng. The background was that the accused and the deceased were married, and the deceased had gone back to her parent’s home, after a disagreement with the accused. The accused went to her parent’s home to negotiate her return to the matrimonial home. Although there was an understanding that the deceased could go back to her husband, the resolution was that that was to be on a different date. While the deceased was escorting the accused, from her parent’s compound, after the meeting, the accused struck and killed her.
2. In mitigation, it was stated, by his Advocate, Mr. Ouma, that the accused person had no previous criminal record, and that he was remorseful for what had happened, and was pleading for leniency. He submitted that his infant children with the deceased had been orphaned and needed him to provide for them. He pleaded that his parents were elderly and needed his care too. He submitted that the accused was a young person of 25 years, who should be given a second chance, by way of a non-custodial sentence.
3. The Republic, through Mr. Onanda, submitted that a life was lost, and invited the court to consider the plight of the children of the deceased, about how they lost their mother through the actions of the accused. He submitted that it was the accused who caused his children to be left motherless, and he cannot now use their plight to plead for mercy.
4. I called for a pre-sentence report, and one has been filed, dated 27th March 2025. The report is positive. The accused person is portrayed as a responsible member of the society, who was viewed favourably by his family. What I find to be of concern, is the narrative that his relatives gave, in that report, about what the accused told them transpired between him and the deceased. He had allegedly acknowledged to them that he had hit the deceased, after she had said something to him that infuriated him. When he made his defence statement, on 18th October 2024, he told a different story, on oath. He denied killing the deceased, saying that she slipped on her own and suffered a fatal fall. There was lack of candour, for, it would appear, he lied to court.
5. I have considered the mitigation, the pre-sentence report and the recorded evidence. Whatever happened between the deceased and the accused is only known by the 2. I note that he denied doing anything to the deceased, which could have caused her death, and that she fell on her own. The narrative captured in the pre-sentence report, when taken against his sworn defence statement, would suggest that he is not a trustworthy person. He is the one who took himself to where the deceased was, and no one may know his real motive or intention, in making that visit. That narrative, in the pre-sentence report, in my view, could be tailored to have the court look favourably at his plight.
6. Taking everything into account, I hereby sentence the accused person, Stephen Oduori Abuya, to serve imprisonment for a period of 25 years, for the murder of Carren Auma Achieng. There is a right of appeal, to the Court of Appeal, of 14 days, from the date of this order.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA, ON THIS 4TH DAY OF APRIL 2025. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Onanda, instructed by the Director of Public Prosecutions, for the Republic.Mr. Ouma, Advocate for the accused person.