[2021] KEHC 9347 (KLR)
The court determined that the murder of a police officer in the course of duty is a grave offence that undermines law enforcement and public order. While the accused's status as a first offender, his remorse, and his role as a breadwinner were acknowledged as mitigating factors, the court found that these did not...
Source-derived case information.
- Citation
- [2021] KEHC 9347 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Peter Odhiambo Abonyo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- The accused, Peter Odhiambo Abonyo, is sentenced to thirty (30) years imprisonment for the offence of murder.
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Mitigation, Victim Impact Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Peter Odhiambo Abonyo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a lenient or severe sentence for the offence of murder committed against a police officer.
- 2 What weight should be given to the accused's mitigation and the victim impact statements in determining the sentence.
Ratio Decidendi
The court determined that the murder of a police officer in the course of duty is a grave offence that undermines law enforcement and public order. While the accused's status as a first offender, his remorse, and his role as a breadwinner were acknowledged as mitigating factors, the court found that these did not outweigh the need for a deterrent sentence. The court emphasized that leniency in such cases would send a dangerous message that lawlessness and attacks on public servants are tolerated. Therefore, to deter similar offences and uphold the rule of law, the court sentenced the accused to thirty years' imprisonment, taking into account the period already spent in custody.
Court Disposition
The accused, Peter Odhiambo Abonyo, is sentenced to thirty (30) years imprisonment for the offence of murder.
Orders
- The accused shall serve thirty (30) years imprisonment, with the sentence to be calculated taking into account the period spent in custody before release on bond and after bond cancellation.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 29 OF 2017
STATE................................................................PROSECUTION
VERSUS
MICHAEL OTIENO ODERO............................1ST ACCUSED
PETER ODHIAMBO ABONYO........................2ND ACCUSED
RULING ON SENTENCE
1. On 30. 11. 2020 this court found the accused person herein Peter Odhiambo Abonyo, guilty of the offence of Murder and convicted him accordingly.
2. After mitigation, the court ordered for a Presentence Report and the Victim Impact Statements. I have considered the mitigation by the accused persons and his advocate Mr. Ooro. I have also considered the Victim’s family statements though the pre-sentence report and the entire Probation Officer’s Report filed on 10. 12. 2020.
3. I observe that the accused is a first offender and is remorseful for the offence. He is 44 years old and is the sole breadwinner for his family and extended family of his late brother. He is remorseful and pleads for leniency.
4. The presentence report shows that the deceased’s family were heavily affected by his demise in such a cruel manner. The deceased was their sole breadwinner. The deceased was a police officer and was on his tour of duty to arrest a suspect in a criminal offence. On his return, he was accosted by a mob and among them was the accused person herein who was positively identified as having attacked and seriously wounded and mutilated the deceased leaving him for dead.
5. Lawlessness is something that must be stopped at all times. People who attack a police officer who is engaged in law enforcement and to the extent of killing him must be stopped by stiffer penalties so as to deter other would be happy mobs. Police Officers are involved in the protection of citizens and their properties. They should be left to undertake their public duties without interference from the public who want to protect suspected criminals from being arrested and arraigned to face justice. The accused and his cruel accomplices decided to unlawfully kill the deceased Police Officer for the mere reason that he had gone to arrest a suspect who was one of their own.
6. Police Officers serve all to the exclusion of no tribe or gender. If the accused person is given lenient sentence, the message that goes out there is that only people from the community around this court should serve in the law enforcement or even in judicial determinations which is a dangerous thought.All citizens have the right to work and live anywhere in the country.
7. Killing Public Servants who are deployed to enforce the law and serve the people is one way of saying that crime is acceptable in this community and that anyone who enforces the law is an enemy of the people in this part of the country. That motion must stop and be stopped by this court. For the above reasons, I hereby sentence the accused person Peter Odhiambo Abonyo to serve Thirty (30) years imprisonment to be calculated, taking into account the period the he was placed into custody before being released on bond and after his bond was cancelled.
Dated, Signed and Delivered at Siaya this 25th day of January, 2021
R. E. ABURILI
JUDGE
Dated, Signed And Delivered at Siaya This 25th Day of January, 2021
R.E. ABURILI
JUDGE