[2025] KEHC 7517 (KLR)
The court considered the plea agreement, the accused's plea of guilty to manslaughter, the mitigation advanced, and the pre-sentence and victim impact reports. Despite the accused being a first offender and expressing remorse, the reports indicated strong community opposition to a non-custodial sentence, unresolved...
Source-derived case information.
- Citation
- [2025] KEHC 7517 (KLR)
- Parties
- Applicant: Republic; Defendant: Fred Opiyo Otieno
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2024
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- OA Sewe
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines, Mitigation, Victim Impact, Pre Sentence Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fred Opiyo Otieno
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court considered the plea agreement, the accused's plea of guilty to manslaughter, the mitigation advanced, and the pre-sentence and victim impact reports. Despite the accused being a first offender and expressing remorse, the reports indicated strong community opposition to a non-custodial sentence, unresolved land issues, and lack of reconciliation. The court found that a custodial sentence was warranted given the seriousness of the offence, the lack of community support for rehabilitation, and the need to balance sentencing objectives. The period already spent in custody was also taken into account. Consequently, the court sentenced the accused to four years' imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused, Fred Opiyo Otieno, is sentenced to imprisonment for a period of 4 years.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Otieno (Criminal Case E017 of 2024) [2025] KEHC 7517 (KLR) (29 May 2025) (Sentence)
Neutral citation: [2025] KEHC 7517 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Criminal Case E017 of 2024
OA Sewe, J
May 29, 2025
Between
Republic
Prosecutor
and
Fred Opiyo Otieno
Accused
Sentence
1. The accused, Fred Opiyo Otieno, was initially charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code, Chapter 63 of the Laws of Kenya. The particulars were that on the 5th day of January 2024 at Kokoth Kateng Sub-Location in Rachuonyo North Sub-County within Homa Bay County, he murdered Joshua Onyango Wisa.
2. The parties thereafter negotiated a Plea Agreement which was approved and adopted by the Court on 26th March 2025. The charge of murder was consequently substituted with manslaughter. The accused pleaded guilty to the lesser offence of manslaughter, preferred under Section 202 as read with Section 205 of the Penal Code and was convicted on his own plea of guilty. The matter is coming up for sentencing.
3. Section 205 of the Penal Code stipulates that a person who commits the offence of manslaughter shall be liable to imprisonment for life. However, the Judiciary Sentencing Policy Guidelines suggests that:“Where the option of a non-custodial sentence is available, a custodial sentence should be reserved for cases where the offence is so serious that neither a fine nor a community sentence can be justified. The length of that sentence will depend on the maximum penalty allowed by law and the seriousness of the offence and other factors set out in Part V. The court should bear in mind the high rates of recidivism associated with imprisonment and seek to impose a sentence that is geared towards achieving the sentencing principles and objectives set out in Part I.”
4. The accused addressed the Court in mitigation through his counsel. It was indicated that he is extremely remorseful and pleads for leniency. The court was further told that he has a young family and that he is the sole breadwinner.
5. The Court thereafter called for a Pre-Sentence Report as well as a Victim Impact Assessment Report; both of which show that, although the accused is a first offender, the community and the local administration are opposed to him being given a non-custodial sentence due to hostility and insecurity that exists on the ground. The reports indicate that no reconciliation efforts have been made; and that the land issue remains unresolved to date. The reports further show that offender has no fixed abode for purposes of community rehabilitation; and that the family of the victim is opposed to the accused being given a non-custodial sentence.
6. Thus, having taken all the foregoing factors into account, including the fact that the accused, Fred Opiyo Otieno, has been in custody from the 26th June 2024, he is hereby sentenced to imprisonment for period of 4 years.It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT HOMA BAY THIS 29TH DAY OF MAY 2025. OLGA SEWEJUDGE