https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12020

Republic v Okhola (Criminal Case E032 of 2023) [2026] KEHC 12020 (KLR) (31 July 2026) (Sentence) Neutral citation: [2026] KEHC 12020 (KLR) Republic of Kenya In the High Court at Kakamega Criminal Case E032 of 2023 AC Bett, J July 31, 2026 Between Republic Prosecutor and Isaih Matukho Okhola Accused Sentence 1.The Accused, who was convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code is said to be 51 years old. He has been in custody since 2023 which period Ms. Ihachi urges the court to take into account in considering the appropriate sentence. 2.To assist in the sentence, the court called for a pre-sentence report which was filed on 4/5/2026. The report noted that the Accused had a history of personal truancy having dropped out of school on his own volition at Class 3, engaged in substance abuse and associated with delinquent peer groups. The Probation Officer indicated that he could not independently verify the Accused person’s claim that he was married and operated a barber shop business in Mumias. Her conclusion was that the absence of verifiable employment raised concerns regarding the Accused person’s means of livelihood and suggests possible reliance on informal or unlawful sources of income. He reportedly had prolonged unexplained absence from his home and hence his family could not account for his activities which included petty criminal activities within the village. 3.It was the Probation Officer’s findings that the Accused remains largely disconnected from his family and community over an extended period. The Accused denied committing the offence even after the conviction and did not demonstrate remorse but pleaded for leniency. The Accused was said to have served a custodial sentence for stealing in the year 2007. 4.The victim’s family said that they experienced significant emotional and psychological distress following the loss of their son and hoped that justice would take its full course. 5.On behalf of the community, the area Chief and Assistant Chief described the Accused as a habitual offender with a history of substance abuse and criminal activities, particularly theft. They reported that after committing the offence, the Accused evaded arrest during which time he was reportedly harboured by his peers within the village. They said that the Accused is not considered a person of good standing and his absence from the community has contributed to an increased sense of safety among the residents. 6.On behalf of the Accused, Ms. Ihachi submitted that he fully acknowledged the gravity and disturbing nature of the offence and the loss of a young life. She submitted that from the pre-sentence report, the Accused needed structured intervention as the report pointed to underlying personal challenges that may have led to the offence. She urged the court to consider counselling and rehabilitation programs. 7.The prosecution noted that the victim was a 16 year old boy with mental challenges hence a vulnerable child whom the Accused took advantage of. They urged the court to consider the circumstances of the case and hand a stiffer penalty to the Accused. 8.The objectives of sentencing as set out in the Judiciary Sentencing guidelines 2022 are retribution, deterrence, rehabilitation, restorative justice, community protection, denunciation, reconciliation and reintegration. 9.The case of Francis Karioko Muruatetu & Another v. Republic; Katiba Institute & 5 others (Amicus Curiae) [2017] KESC 2 (KLR) provides the factors to be considered during re-sentencing. The said factors which are equally relevant in a fresh sentence are as follows:-a.age of the offender;b.being a first offender;c.whether the offender pleaded guilty;d.character and record of the offender;e.commission of the offence in response to gender-based violence;f.remorsefulness of the offender;g.the possibility of reform and social re-adaptation of the offender;h.any other factor that the court considered relevant. 10.Having carefully considered the above factors and the fact that the Accused, who has a previous conviction, did not express any remorse whatsoever, and having considered the age and mental status of the victim as well as the contents of the pre-sentence report, I find that a stiff custodial sentence is most appropriate for the Accused. 11.Weighing all circumstances, I sentence the Accused to life imprisonment. Since the Accused has been sentenced to life imprisonment, the provisions of Section 333 (2) of the Criminal Procedure Code do not apply. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 31ST DAY OF JULY 2026.A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Mbetera holding brief for Ms. Ihachi for the AccusedCourt Assistant: Polycap