[2018] KEHC 1156 (KLR)
The court found that although the accused were convicted of murder, they are first offenders, young, and have sought leniency. The court considered these mitigating factors and determined that a custodial sentence of twenty years imprisonment for each accused was appropriate, balancing the seriousness of the offence...
Source-derived case information.
- Citation
- [2018] KEHC 1156 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Shem Osoro; Defendant: Robert Masea Gedion; Defendant: Dennis Oino Ondabu
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Murder, Sentencing, Mitigation, First Offender, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Shem Osoro
Defendant
Robert Masea Gedion
Defendant
Dennis Oino Ondabu
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused persons convicted of murder under the circumstances of the case.
Ratio Decidendi
The court found that although the accused were convicted of murder, they are first offenders, young, and have sought leniency. The court considered these mitigating factors and determined that a custodial sentence of twenty years imprisonment for each accused was appropriate, balancing the seriousness of the offence with the potential for rehabilitation. The court also informed the accused of their right to appeal, ensuring compliance with procedural requirements.
Court Disposition
convicted and sentenced
Orders
- Each of the accused, Evans Shem Osoro, Robert Masea Gedion, and Dennis Oino Ondabu, is sentenced to twenty (20) years imprisonment.
- The accused are informed of their right of appeal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CORAM: D.S MAJANJA J.
CRIMINAL CASE NO. 4 OF 2018
BETWEEN
REPUBLIC...........................................................PROSECUTOR
AND
EVANS SHEM OSORO........................................1ST ACCUSED
ROBERT MASEA GEDION...............................2ND ACCUSED
DENNIS OINO ONDABU.....................................3RD ACCUSED
RULING ON SENTENCE
The accused have been convicted of the murder of EVANS OKEROSI MOKORA which took place on 1st January 2018 at Nyagenke Village, Kenyenya Sub County within Kisii County.
The accused were out to avenge the assault of the 3rd accused’s father by the deceased. They chased him dragged him out of the house he was hiding and set upon him with pangas.
I have considered that they are first offenders, seek leniency and that they are young and should be given an opportunity to reform.
I sentence, EVANS SHEM OSORO, ROBERT MASEA GEDION and DENNIS OINO ONDABU to twenty (20) years imprisonment each. They are informed of their right of appeal.
Ruling read and delivered in open Court this 10th December 2018.
D.S Majanja
Judge
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Nyangwencha, advocate for the accused.