https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6941

Republic v Paade & another (Criminal Case E001 of 2025) [2026] KEHC 6941 (KLR) (15 May 2026) (Sentence) Neutral citation: [2026] KEHC 6941 (KLR) Republic of Kenya In the High Court at Busia Criminal Case E001 of 2025 SM Mohochi, J May 15, 2026 Between Republic Prosecution and John Omare Paade 1st Accused Joseph Adungo Paade 2nd Accused Sentence 1.The accused were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code;It is alleged that they murdered Robert Indukita Odepu, on 5th March 2024, at Ngelechom Sub-Location of South Teso Sub-County, Busia County,. They denied the charges, and a trial was conducted. The prosecution presented 7 witnesses and the court fund the charge was proved beyond reasonable doubt and accordingly convicted for the offence ; 2.The deceased Robert Indukita Odepu, was deprived all the protection of the law, in however as much as it was alleged that he stole a pig, the two convicts jointly with others not before the court denied him all safeguard of the law to be tried, evidence presented and if valid to be convicted as per the Constitution and laws of kenya. The two accused who were leading the mob while armed with Pangas decided to be the accusers, the prosecutors and the executioners. 3.In mitigation counsel for the convicts indicated remorsefulness for events of 5/3/2024 giving rise to this case. That from the pre-sentence report the convicts are young family men, sole breadwinners of respective families. 4.That even though justice demands that they take responsibility, on other side are young children depending on them for daily needs. That the Pre-sentence inquiry report concludes to have sympathy of victims’ family given the nature of how offence took place. 5.The convict still maintained that they only responded out of public ‘cry alarm’ mob violence for a victim caught red handed stealing livestock a rampant offence in region. That they are 1st time offenders and have no prior criminal records. 6.That they are well behaved citizens prior to instant charges urging for leniency in imposing the sentence. 7.That the Pre-sentence report leave it to the court’s discretion on sentence. Analysis 8.It is the duty of this court to impose a sentence that meets the facts and circumstances of the case; this court has considered the full circumstances of the offence which is contained in the Facts; 9.The applicable law on sentence for the offence of Murder is found under the provisions of Section 24 of the Penal Code which reads as follows;“Any person who is convicted of murder shall be sentenced to death". 10.The section provides for the maximum sentence, that is death; this court has taken into consideration the aggravating circumstances in that both convict used deadly weapons namely pangas in committing the offence; the deceased was never afforded any opportunity for a fair hearing, he was a family man that has left behind those that looked up to him for their livelihood and the course of their lives has been altered irreversibly; 11.The mitigating factors taken into consideration by this court are that the convicts are 1st time offenders with no previous criminal record, they are family men with young children and have also expressed remorse; 12.The Court has to weigh the mitigating circumstances against the Aggravating Circumstances that include the runaway instances of mob violence with over 500 people killed in Kenya in the past one year under similar circumstances. The adverse effects on the rule of law and criminal justice and the continued assumption that when hiding in a crowd one can commit an egregious crime and escape accountability. This court shall send a bold statement to all those who practice mob violence as a form of justice. Mob violence, mob justice of whatever justice they call it has no place in Kenya and those practicing the same deserve no mercy. A deterrent sentence is appropriate under the circumstances 13.This Court accordingly imposes an imprisonment Sentence on both convicts of twenty-five (25) years to run from the 2nd January 2025. 14.The convicts shall be entitled to the prison remission program should they be with good conduct while serving the sentence. 15.The convicts have a right to Appeal within 14 daysIt is so Ordered. DATED, SIGNED AND DELIVERED AT BUSIA ON THIS DAY OF 15TH DAY OF MAY, 2026MOHOCHI S.MPRESIDING JUDGE