[2024] KEHC 3887 (KLR)
The court, having found the accused guilty of murder, considered the aggravating circumstances of the offence, including the loss of a young life and the rise of femicide in Kenya. Despite the accused being a first offender and having spent significant time in custody, the court noted the lack of remorse and the...
Source-derived case information.
- Citation
- [2024] KEHC 3887 (KLR)
- Parties
- Applicant: Republic; Defendant: Ochieng Stephen Ochieng alias Steve
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2019
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- accused sentenced to 25 years imprisonment from date of arrest
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Guidelines, Mitigation, Femicide, Remorse, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ochieng Stephen Ochieng alias Steve
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder under Section 204 of the Penal Code.
- 2 Whether the accused's mitigation, including being a first offender and time spent in custody, warrants leniency.
- 3 Whether the rise in femicide and lack of remorse by the accused require a deterrent sentence.
Ratio Decidendi
The court, having found the accused guilty of murder, considered the aggravating circumstances of the offence, including the loss of a young life and the rise of femicide in Kenya. Despite the accused being a first offender and having spent significant time in custody, the court noted the lack of remorse and the gravity of the crime. Applying the principles from Section 204 of the Penal Code and the Supreme Court decision in Francis Karioko Muruatetu vs Republic, the court exercised its discretion to impose a custodial sentence rather than the mandatory death penalty. The accused was sentenced to 25 years imprisonment, with the sentence to run from the date of arrest, balancing the need...
Court Disposition
accused sentenced to 25 years imprisonment from date of arrest
Orders
- The accused, Ochieng Stephen Ochieng alias Steve, is sentenced to 25 years imprisonment to be calculated from the date of his arrest on 12th November 2019.
- Right of appeal is 14 days to the Court of Appeal.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Ochieng (Criminal Case 40 of 2019) [2024] KEHC 3887 (KLR) (3 April 2024) (Sentence)
Neutral citation: [2024] KEHC 3887 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 40 of 2019
RE Aburili, J
April 3, 2024
Between
Republic
Prosecution
and
Ochieng Stephen Ochieng alias Steve
Accused
Sentence
1. I have considered the mitigation by the accused and his advocate Mr. Maua.
2. The accused is a first offender. He is 31 years old. He was a University student at the time of the offence but he had deferred his studies. He did part time teaching. He has a child though he is not married. He prays for leniency. He has been in prison custody from 2019 as he was not released on bond.
3. The offence committed is heinous. An innocent life was lost at the hands of accused who was her boyfriend. No reason is given for the murder of the deceased who was only 20 years old.
4. Cases of femicide are, indeed, on the rise in this country. These are Gender based violent crimes. A deterrent sentence is necessary in the circumstances.
5. The accused claims that he has undergone some theological training and that he has reformed. The question is, reformed from what, since he did not admit committing the offence for which this court has found him guilty and convicted him.
6. A young life was lost. The Victim was a Diploma Student and her family have lost one of their own. The accused shows no remorse to the family of the deceased.
7. Having considered all the above, the sentencing guidelines and the decision in Francis Karioko Muruatetu vs Republic [2017] eKLR, albeit punishment for murder is death as stipulated in Section 204 of the Penal Code, as the sentence is not mandatory, and considering the period the accused has spent in custody since his arrest, I hereby exercise discretion and sentence the accused person Ochieng Stephen Ochieng alias Steve to serve twenty five (25) years imprisonment to be calculated from the date of his arrest on 12th November 2019.
8. Right of Appeal is 14 days to the Court of Appeal.
9. This file is now closed.
10. I so order.
Dated, Signed and Delivered at Kisumu this 3rdDay of April, 2024R. E. ABURILIJUDGE