[2024] KEHC 7932 (KLR)
Although the offence of murder carries a maximum penalty of death under Section 204 of the Penal Code, the Supreme Court in Francis Muruatetu & another v Republic [2017] eKLR established that courts have discretion to impose lesser sentences based on the circumstances of each case. In this matter, the court...
Source-derived case information.
- Citation
- [2024] KEHC 7932 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Juma Ouma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E029 of 2021
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- conviction and custodial sentence
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Discretion, Mitigation, Death Penalty, First Offender, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fredrick Juma Ouma
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence for the offence of murder.
- 2 What mitigating factors, if any, should influence the sentence imposed on the accused.
Ratio Decidendi
Although the offence of murder carries a maximum penalty of death under Section 204 of the Penal Code, the Supreme Court in Francis Muruatetu & another v Republic [2017] eKLR established that courts have discretion to impose lesser sentences based on the circumstances of each case. In this matter, the court considered the brutality of the offence, the suffering inflicted on the deceased, and the lack of justification for the attack. While the accused is a first offender and expressed remorse, the court found these mitigating factors insufficient to warrant a lenient sentence given the heinous nature of the crime. Exercising its discretion, the court imposed a custodial sentence of...
Court Disposition
conviction and custodial sentence
Orders
- The accused, Fredrick Juma Ouma, is sentenced to thirty-five (35) years imprisonment, to be calculated from the date of his arrest on 7th October 2021.
- Right of appeal to the Court of Appeal within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Ouma (Criminal Case E029 of 2021) [2024] KEHC 7932 (KLR) (28 June 2024) (Sentence)
Neutral citation: [2024] KEHC 7932 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E029 of 2021
RE Aburili, J
June 28, 2024
Between
Republic
Prosecutor
and
Fredrick Juma Ouma
Accused
Sentence
1. This is the ruling on sentence against the accused person herein Fredrick Juma Ouma, who is now a convict in this case for the offence of murder. I have considered the mitigation by the accused who is a first offender and the fact that he is remorseful, prays for lenient sentence, has a wife and one child. He also claims that he was drunk that is why he committed the offence.
2. Under section 204 of the Penal Code, the offence of murder carries a maximum of death penalty upon conviction.
3. The Supreme Court in the case of Francis Muruatetu & another v Republic [2017]eKLR has nonetheless lessened that sentence by inviting discretion but, depending on the circumstances of each case, an accused person may nonetheless be sentenced to death.
4. In the instant case, the deceased died a painful death, as shown by the postmortem Report and photographic evidence produced as sexhibits. His body was burnt and he was hacked all over his head, neck and chest using a panga. There is no reason for such barbaric attack on a fellow human being.
5. I find the accused to have been a heartless person. He does not deserve to live though he is alive.
6. The court would have imposed death sentence. I however exercise discretion and sentence the accused person Fredrick Juma Ouma to serve Thirty Five (35) years imprisonment to be calculated from the date of his arrest on 7th October 2021.
7. Right of Appeal to the Court of Appeal is 14 days of today.
8. This file is closed.
Dated, Signed and Delivered at Kisumu this 28th Day of June, 2024********R. E. ABURILIJUDGEPage 2 of 2