[2020] KEHC 569 (KLR)
Although the law prescribes death for murder, the court is bound by the Supreme Court's guidance in Francis Muruatetu & Another v Republic, which allows for judicial discretion in sentencing. The court considered the accused's mitigation, remorse, family circumstances, and the victim impact statement from the...
Source-derived case information.
- Citation
- [2020] KEHC 569 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Owino Otieno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Murder Case 9 of 2019
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to thirty years imprisonment for murder
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Discretion, Mitigation, Victim Impact Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Owino Otieno
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence for the offence of murder.
- 2 What mitigating factors and victim impact statements should influence the sentence imposed.
Ratio Decidendi
Although the law prescribes death for murder, the court is bound by the Supreme Court's guidance in Francis Muruatetu & Another v Republic, which allows for judicial discretion in sentencing. The court considered the accused's mitigation, remorse, family circumstances, and the victim impact statement from the deceased's family, who remain anguished by the loss and lack of explanation for the crime. Balancing these factors, the court found that a custodial sentence of thirty years' imprisonment, rather than the death penalty, was appropriate and proportionate to the circumstances of the offence and the interests of justice.
Court Disposition
accused sentenced to thirty years imprisonment for murder
Orders
- The accused, Patrick Owino Otieno, is sentenced to thirty (30) years imprisonment to be calculated from the date he was placed into custody.
- Right of appeal explained.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 9 OF 2019 [MURDER]
CORAM: HON. R.E. ABURILI J
REPUBLIC.............................................ROSECUTOR
VERSUS
PATRICK OWINO OTIENO.....................ACCUSED
RULING ON SENTENCE
1. On 24th November, 2002 this court found the accused person herein guilty of the offence of murder as charged under section 203 of the Penal Code and convicted him accordingly. The court then ordered for a presentence report and victim impact statements to be filed by the probation officer. I have now considered the mitigation by the accused person through his counsel Mr. Ochieng Ochieng. The court has also considered the Pre-sentence Report filed by the Probation Officer on 14/12/2020 and the Victim Impact Statement from the family of the deceased.
2. No doubt, the accused person breached the trust of friendship that he earned from the deceased and lured his friend to the slaughter house. He went for the deceased from the latter’s house at night and in the glare of the deceased’s mistress. The deceased was found butchered to death yet the accused pretended not to have met or lured the deceased from his house on the material night.
3. To date, the reason why the accused lured the deceased to death has not been known. Only the accused and the deceased know yet the dead tell no tales.
4. The accused says that he is remorseful and is a family man who has dependants. However, the deceased too was a family man with dependants who are left in anguish because they will never know why the accused lured their loved one to the cruel death. Live and let others live.
5. Sentence for murder upon conviction as stipulated in Section 204 of the Penal Code is death. However, taking into account the mitigation and Presentence report and the Victim Impact Statements, as well as the principles espoused in the Francis Muruatetu & Another v Republic [2017]e KLR, I hereby exercise discretion and sentence the accused person Patrick Owino Otieno to serve thirty (30) years imprisonment to be calculated from date he was placed into custody.
6. Right of Appeal explained.
7. Orders accordingly.
8. Filed closed.
Dated, signed and Delivered at Siaya this 16th Day of December 2020
R.E. ABURILI
JUDGE
In the presence of:
Mr. Kubebea, Prosecution Counsel for the State
Mr. Ochieng Ochieng Advocate for the Accused
Accused present in court on bond
Court Assistants: Modestar