[2020] KEHC 5440 (KLR)
The court found that, despite the accused's mitigation as a first offender and his remorse, the cruel and premeditated manner in which he murdered two innocent persons—motivated by greed to disinherit them of land—warranted a severe sentence. The court exercised its discretion under Section 204 of the Penal Code,...
Source-derived case information.
- Citation
- [2020] KEHC 5440 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Emmanuel Otieno Pamba
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2019
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to life imprisonment on each of two counts of murder, sentences to run concurrently.
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Mitigation, Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Emmanuel Otieno Pamba
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.
- 2 Whether mitigating circumstances warrant a lesser sentence than the death penalty.
Ratio Decidendi
The court found that, despite the accused's mitigation as a first offender and his remorse, the cruel and premeditated manner in which he murdered two innocent persons—motivated by greed to disinherit them of land—warranted a severe sentence. The court exercised its discretion under Section 204 of the Penal Code, noting that the death penalty is not mandatory, and determined that life imprisonment was appropriate to protect society from the accused, whom the court described as a threat to human existence. The sentences for both counts of murder were ordered to run concurrently.
Court Disposition
Accused sentenced to life imprisonment on each of two counts of murder, sentences to run concurrently.
Orders
- The accused, Emmanuel Otieno Pamba, is sentenced to life imprisonment on Count I (murder).
- The accused, Emmanuel Otieno Pamba, is sentenced to life imprisonment on Count II (murder).
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL CASE NO. 15 OF 2019
STATE.................................................................................PROSECUTION
VERSUS
EMMANUEL OTIENO PAMBA.............................................ACCUSED
RULING ON SENTENCE
1. I have considered the Mitigation by the accused person and his counsel’s submissions that the accused is a first offender, is remorseful and is a family man with a young family. That he regrets the offence and pleads for mercy. I have also considered the address by the prosecution.
2. I have given equal consideration to the circumstances under which this heinous offence was committed against two innocent lives. The accused person is heartless and inhuman. He butchered the two deceased persons out of greed to disinherit them of their parcel of land; which he had no right or at all to inherit. He planned and executed the Murder and thought he would get away with it. Thanks to modern technology that has assisted the court to find justice for the two defenseless deceased persons. An old lady and a young life were lost without any justification.
3. Under Section 204 of the Penal Code, any person who is convicted of Murder shall be sentenced to suffer death. However, this is not mandatory sentence.
4. Nonetheless having considered the cruel manner in which the accused person butchered the 2 deceased persons to death without any mercy, I am persuaded that the appropriate sentence to be meted out is Life imprisonment to keep out of the society the accused person who is a threat to human existence.
5. Accordingly, I sentence the accused person Emmanuel Otieno Pamba to life imprisonment on each of the two counts of Murder.
Count I: I sentence the accused person to life imprisonment.
Count II: I sentence the accused person to life imprisonment.
The two sentences to run concurrently.
6. Right of Appeal 7 days explained.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 4th Day of May, 2020 via skype.
R.E. ABURILI
JUDGE