[2018] KEHC 2809 (KLR)

[2018] KEHC 2809 (KLR)

The court found that the murders were executed in a particularly heinous manner by a mob, with the accused refusing to heed pleas from the victims and local administrators. Despite mitigation and recommendations for non-custodial sentences, the court determined that the gravity of the offence, the suffering of the victims' families, and the lack of reconciliation or remorse by the accused outweighed any mitigating factors. The court concluded that none of the accused deserved leniency and that the appropriate sentence, after considering all relevant factors, remained the death penalty for each convicted accused.

Citation
[2018] KEHC 2809 (KLR)
Parties
Applicant: Republic; Defendant: David Ochieng Ajwang alias Daudi; Defendant: Eric Otieno Ojwang alias Ford; Defendant: Nicholas Otunga Otieno alias Oneko; Defendant: Bernard Samuel Mboya alias Bernard Hussein; Defendant: Daniel Owino Oganyo; Defendant: Julius Makambo Obade; Defendant: Kennedy Kisa Omweri; Defendant: Julius Otieno Deya alias Ogendo; Defendant: Janes Ogalo Oketch Olendo; Defendant: Joseph Odhiambo Majiwa alias Josy; Defendant: Joseph Keya Omweri; Defendant: Paul
Court
High Court
Court Station
High Court at Migori
Jurisdiction
Kenya
Judgment Date
22 October 2018
Case Number
Criminal Case 46 of 2014
Procedural Posture
Criminal Case / Resentencing After Constitutional Petition
Outcome
Each convicted accused person is sentenced to suffer death.
Judges
AC Mrima
Legal Topics
Murder Sentencing, Death Penalty, Mitigation, Mob Justice, Resentencing, Constitutional Petition
Source Language
English
Criminal Law Murder Sentencing Death Penalty Mitigation Mob Justice Resentencing Constitutional Petition

Case Brief

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Parties

Republic

Applicant

David Ochieng Ajwang alias Daudi

Defendant

Eric Otieno Ojwang alias Ford

Defendant

Nicholas Otunga Otieno alias Oneko

Defendant

Bernard Samuel Mboya alias Bernard Hussein

Defendant

Daniel Owino Oganyo

Defendant

Julius Makambo Obade

Defendant

Kennedy Kisa Omweri

Defendant

Julius Otieno Deya alias Ogendo

Defendant

Janes Ogalo Oketch Olendo

Defendant

Joseph Odhiambo Majiwa alias Josy

Defendant

Joseph Keya Omweri

Defendant

Paul

Defendant

Procedural Posture

Criminal Case / Resentencing After Constitutional Petition

Legal Issues

  1. 1 Whether the accused persons deserved leniency in sentencing after the mandatory death penalty was set aside.
  2. 2 Whether the circumstances of the murders warranted a non-custodial or reduced custodial sentence.
  3. 3 How to balance the interests of the accused and the families of the deceased in resentencing.

Ratio Decidendi

The court found that the murders were executed in a particularly heinous manner by a mob, with the accused refusing to heed pleas from the victims and local administrators. Despite mitigation and recommendations for non-custodial sentences, the court determined that the gravity of the offence, the suffering of the victims' families, and the lack of reconciliation or remorse by the accused outweighed any mitigating factors. The court concluded that none of the accused deserved leniency and that the appropriate sentence, after considering all relevant factors, remained the death penalty for each convicted accused.

Court Disposition

Each convicted accused person is sentenced to suffer death.

Orders

  • Each of the convicted accused persons is sentenced to death.
  • No leniency or non-custodial sentence is granted.