[2016] KEHC 6096 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was part of a mob that unlawfully killed the deceased on suspicion of witchcraft. The court emphasized the gravity and repugnance of mob justice, noting that such acts undermine the legal system and must be strongly...
Source-derived case information.
- Citation
- [2016] KEHC 6096 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Morris Oichoe
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Mob Justice, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Morris Oichoe
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea agreement.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was part of a mob that unlawfully killed the deceased on suspicion of witchcraft. The court emphasized the gravity and repugnance of mob justice, noting that such acts undermine the legal system and must be strongly condemned. In determining sentence, the court considered the accused's remorse, youth, family circumstances, and the two years already spent in custody. However, the seriousness and brutality of the offence outweighed the mitigation, and the court imposed a custodial sentence of five years imprisonment, effective from the date of first arraignment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to five years imprisonment for manslaughter.
- The sentence shall run from 3rd March, 2014, being the date when the accused first appeared in court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.32 OF 2014
REPUBLIC …………………………….………………………….PROSECUTOR
VERSUS
ERICK MORRIS OICHOE…………………………………………….. ACCUSED
SENTENCE
The accused herein ERICK MORRIS OICHOE was initially charged with one count of murder contrary to Section 203 as read with Section 204 of the Penal Code. By a plea bargain agreement struck on 17th July, 2015, between the state and the accused, the charge was reduced to that of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
It is alleged that on 27th February, 2014 at Iringa Sub-Location in Gucha South District within Kisii County, jointly with others not before the court unlawfully caused the death of CLEMENCIA BOCHERE.
The accused pleaded guilty to the lesser charge of manslaughter and was consequently convicted on her own plea of guilty.
The facts of the case were stated to be that on the fateful day the accused, in the company of many other people stormed the home of the deceased and lynched her on the allegation/accusation that she was a witch.
Later, on the same day of the attack, the accused is said to have come back to the home of the deceased while armed with a knife bragging that he was the one who had killed the witch. In a very bizarre move, the accused is reported to have smeared the blood of the deceased on the knife that he was armed with and licked it before leaving the home of the deceased.
A post mortem examination of the body of the deceased established the cause of death to be cardio-respiratory arrest secondary to brain tissue injury as a result of head injury.
In mitigation, Mr. Moseti for the accused submitted that the accused was remorseful about his actions which he attributed to drunkenness. Mr. Moseti stated that the accused deeply regretted his own folly and had been haunted by the death of the deceased. Mr. Moseti added that the accused was aged only 28 years and was having a young family to take care of. Mr. Moseti prayed for a non-custodial sentence.
The court then called for the Probation Officers presentencing and victim impact assessment report before sentencing. Quite unfortunately, as at the time of preparing this sentence, the Probation Officer had not filed his pre-sentencing report.
I have considered the very macabre and disturbing circumstances surrounding this case. The accused was part of a mob that savagely attacked a helpless old woman on the suspicion that she was a witch. It is my humble view that mob justice is a very primitive and repugnant practice that should not be allowed to fester or take root in any civilized society as it is a sure recipe for anarchy. Our legal justice system has a way of dealing with even the vilest offenders and therefore, any situation where a mob can take the law into their own hands has to be condemned in the strongest possible terms.
Taking into account the fact that the accused has been in custody for 2 years from the date he was first arraigned in court, the sentence that commends itself to me is that of 5 years imprisonment. The prison term shall run with effect from 3rd March, 2014 being the date when the accused first appeared in court.
It is so ordered.
Dated, signed and delivered in open court this 24th day of March, 2016
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Mr. Magura for Ondari for Accused
Omwoyo: court clerk