[2020] KEHC 7791 (KLR)
The court found that the attack on the deceased was brutal and uncalled for, demonstrating a high degree of mercilessness by the accused persons. Despite the probation report's recommendation for a non-custodial sentence and the fact that the accused were first offenders, the court held that the gravity and...
Source-derived case information.
- Citation
- [2020] KEHC 7791 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Ombuoga Mose; Defendant: Daniel Osoro Mose
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused persons sentenced to 40 years imprisonment each.
- Legal Topics
- Murder, Sentencing, Mitigation, First Offender, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Philip Ombuoga Mose
Defendant
Daniel Osoro Mose
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence for the offence of murder.
- 2 Whether the mitigation and probation report recommending a non-custodial sentence should be followed.
Ratio Decidendi
The court found that the attack on the deceased was brutal and uncalled for, demonstrating a high degree of mercilessness by the accused persons. Despite the probation report's recommendation for a non-custodial sentence and the fact that the accused were first offenders, the court held that the gravity and circumstances of the offence outweighed these mitigating factors. The court determined that a custodial sentence was necessary to reflect the seriousness of the crime and to serve as a deterrent, sentencing each accused to 40 years imprisonment.
Court Disposition
Both accused persons sentenced to 40 years imprisonment each.
Orders
- Philip Ombuoga Mose is sentenced to 40 years imprisonment.
- Daniel Osoro Mose is sentenced to 40 years imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 1 OF 2019 (MURDER)
REPUBLIC................................................................PROSECUTOR
-VERSUS-
PHILIP OMBUOGA MOSE.....................................1ST ACCUSED
DANIEL OSORO MOSE...........................................2NDACCUSED
SENTENCING
The accused persons Philip Ombuoga Mose and Daniel Osoro Mose have been convicted of the murder of their brother Andrew Orina Mose. In sentencing the accused persons I have considered the mitigation raised by their counsel, and also that they are first offenders. The probation report presented recommends a non-custodial sentence and states, that the family of the accused persons has had a series of killings.
I have considered the circumstances under which the deceased met his death. The attack was so brutal and uncalled for. They were so merciless. They deserve a death sentence. Despite what is recommended by the probation officer, I find it fit that the 2 be given a custodial sentence.
I therefore sentence Philip Ombuoga Mose to 40 years imprisonment.I sentence Daniel Osoro Mose to 40 years imprisonment. Each accused person has a right of appeal within 14 days.
Dated, signed and delivered at KISII this 3rdday of March 2020.
R.E.OUGO
JUDGE
In the Presence of;
Accused: 1. Philip Ombuoga Mose Present
Accused 2: Daniel Osoro Mose Present
Mr. Kaba h/b for Mr.Nyangacha For Accused persons
Mr. Otieno Senior State Counsel Office of the DPP
Ms. Rael Court Assistant