[2022] KEHC 13200 (KLR)
The court determined that, although the Penal Code prescribes the death penalty for murder, the Supreme Court in Francis Karioko Muruatetu & another v Republic [2017] eKLR clarified that the death sentence is not mandatory. Considering the young age of the accused persons, the circumstances of the offence, the...
Source-derived case information.
- Citation
- [2022] KEHC 13200 (KLR)
- Parties
- Applicant: State; Defendant: Daniel Ojwang Anyama; Defendant: Francis Otieno Otieno; Defendant: Geoffrey Odhiambo Abongo; Defendant: James Omondi Ogallo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E025 of 2021
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Each accused sentenced to three years probation, with specific conditions for youthful offenders.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Murder, Probation Orders, Youthful Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
State
Applicant
Daniel Ojwang Anyama
Defendant
Francis Otieno Otieno
Defendant
Geoffrey Odhiambo Abongo
Defendant
James Omondi Ogallo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused persons convicted of murder, considering their age and circumstances?
- 2 Is the death penalty mandatory for murder under Kenyan law after the Francis Karioko Muruatetu decision?
- 3 Should probation be granted to the accused persons, and under what conditions?
Ratio Decidendi
The court determined that, although the Penal Code prescribes the death penalty for murder, the Supreme Court in Francis Karioko Muruatetu & another v Republic [2017] eKLR clarified that the death sentence is not mandatory. Considering the young age of the accused persons, the circumstances of the offence, the presentence reports, and the community's attitude, the court found that a custodial sentence was not warranted. Instead, the court imposed a three-year probation order for each accused. For the 3rd and 4th accused, who were 18 years old, one year of probation was to be served at the Nairobi Probation Hostel. The 1st and 2nd accused were to serve non-custodial probation under close...
Court Disposition
Each accused sentenced to three years probation, with specific conditions for youthful offenders.
Orders
- Each accused person is sentenced to serve three years on probation.
- The 3rd and 4th accused persons (aged 18) shall serve one year probation at the Nairobi Probation Hostel as part of the three years.
Full Case Text
Judgment text and source record
28 paragraphs
State v Anyama & 3 others (Criminal Case E025 of 2021) [2022] KEHC 13200 (KLR) (19 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13200 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E025 of 2021
RE Aburili, J
September 19, 2022
Between
State
Prosecution
and
Daniel Ojwang Anyama
1st Accused
Francis Otieno Otieno
2nd Accused
Geoffrey Odhiambo Abongo
3rd Accused
James Omondi Ogallo
4th Accused
Ruling
1. I have considered the mitigations by the accused persons and their counsel on record. I have also considered the presentence reports filed for each of the accused persons.
2. I have further considered the circumstances under which the accused persons herein committed the offence leading to the death of the deceased and the age of each of the accused persons who are young persons. I have considered the community’s attitude towards the accused persons and the fact that the deceased too had a family which loved him as he fended for them through the fishing activities.
3. Sentence for murder is death as provided for in section 204 of the Penal Code. However, this is not mandatory as espoused in the Francis Karioko Muruatteu and another v Republic [2017]e KLR.
4. In the premises, I hereby sentence each of the accused persons herein to serve three years on probation. The 3rd and 4th accused persons who are aged 18 years old each, shall, of the three years probation, serve one year probation at the Nairobi Probation Hostel.
5. The 1st and 2nd accused persons shall serve non-custodial 3 years’ probation to be closely supervised by the Probation Officer, Siaya County, Rarieda/Bondo Sub County and in the event of breach of any of the probationary terms, they shall be arrested and brought before this court for custodial sentencing.
6. I so order.
7. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 19TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE