[2020] KEHC 5388 (KLR)
Although Section 204 of the Penal Code prescribes a mandatory death sentence for murder, the Supreme Court in Francis Karioko Muruatetu v Republic declared the mandatory nature of the death penalty unconstitutional, granting courts discretion in sentencing. The court considered the accused's mitigation, including...
Source-derived case information.
- Citation
- [2020] KEHC 5388 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Collins Oluoch Ogweno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to life imprisonment
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Mitigation, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Collins Oluoch Ogweno
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death or life imprisonment for the offence of murder in light of the Francis Karioko Muruatetu decision.
- 2 Whether the accused's mitigation as a first offender and remorseful person should affect the sentence.
Ratio Decidendi
Although Section 204 of the Penal Code prescribes a mandatory death sentence for murder, the Supreme Court in Francis Karioko Muruatetu v Republic declared the mandatory nature of the death penalty unconstitutional, granting courts discretion in sentencing. The court considered the accused's mitigation, including his status as a first offender, his remorse, and his profession as a healthcare worker. However, the gravity of the offence—hacking a defenseless young girl to death without provocation—outweighed the mitigating factors. The court therefore imposed a sentence of life imprisonment, rather than the death penalty, in line with the current jurisprudence and the circumstances of the...
Court Disposition
accused sentenced to life imprisonment
Orders
- The accused, Collins Oluoch Ogweno, is sentenced to serve life imprisonment.
- Right of appeal within seven days explained.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 32 OF 2017
STATE.......................................................PROSECUTION
VERSUS
COLLINS OLUOCH OGWENO.....................ACCUSED
RULING ON SENTENCE
1. I have considered the Mitigation by Mr. Ochanyo on behalf of his client the accused person and what the accused person has stated to court that he is a first offender and is remorseful. He is a healthcare professional who ought to be saving lives and not to take away life of a young promising girl VAO.
2. The accused person, to date, never told this court why he hacked the defenseless deceased to death and what could have provoked him to Murder the deceased.
3. Every person has a right to life and no one has any right to deprive another of life.
4. Having considered the mitigation by the accused person, albeit Section 204 of the Penal Code provides only one sentence where the accused is convicted of Murder which is death, nonetheless, in the spirit of the Francis Karioko Muruatetu vs Republic [2019]e KLR decision, which abhors mandatory death sentence, I hereby sentence the accused person Collins Oluoch Ogweno to serve life imprisonment. Right of Appeal is seven days explained.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 4th Day of May, 2020 via skype
R.E. ABURILI
JUDGE