[2024] KEHC 6058 (KLR)
The court found that, despite the accused's mitigation and lack of previous criminal records, the offence was a cold-blooded murder arising from a personal dispute. The accused had alternatives to violence but chose to commit murder. The community's objection to a non-custodial sentence and the need for deterrence...
Source-derived case information.
- Citation
- [2024] KEHC 6058 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Steve Moses Okoth; Defendant: Nahashon Ouma Okoth
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2022
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused sentenced to 15 years imprisonment each, sentences to run from 19/4/2022. Right of appeal explained. Defence counsel discharged and to be paid pro bono fees.
- Judges
- DO Ogembo
- Legal Topics
- Sentencing, Mitigation, Murder, Provocation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Steve Moses Okoth
Defendant
Nahashon Ouma Okoth
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be given a custodial or non-custodial sentence for the offence of murder.
- 2 Whether the mitigation and circumstances justify a lesser sentence.
Ratio Decidendi
The court found that, despite the accused's mitigation and lack of previous criminal records, the offence was a cold-blooded murder arising from a personal dispute. The accused had alternatives to violence but chose to commit murder. The community's objection to a non-custodial sentence and the need for deterrence outweighed the mitigating factors. Consequently, a custodial sentence of 15 years imprisonment for each accused was deemed appropriate, with the sentence running from the date of first arraignment due to time spent in remand.
Court Disposition
Both accused sentenced to 15 years imprisonment each, sentences to run from 19/4/2022. Right of appeal explained. Defence counsel discharged and to be paid pro bono fees.
Orders
- Each accused to serve 15 years imprisonment.
- Sentence to run from 19/4/2022, the date of first arraignment.
Full Case Text
Judgment text and source record
22 paragraphs
State v Okoth & another (Criminal Case E014 of 2022) [2024] KEHC 6058 (KLR) (23 May 2024) (Sentence)
Neutral citation: [2024] KEHC 6058 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E014 of 2022
DO Ogembo, J
May 23, 2024
Between
State
Prosecution
and
Steve Moses Okoth
1st Accused
Nahashon Ouma Okoth
2nd Accused
Sentence
1. The two accused did a joint mitigation through learned counsel. They both pleaded that they were provoked, with being forced witness the deceased ruining their lives through the relationship between the deceased and their mother leading to the death of their father. That they are both first offenders and married with small children.
2. I have considered the mitigation raised by the two accused. I have also considered the pre-sentence report filed by the probation officer which basically reiterates the facts of this case, and the objection of the community towards the accused being placed on non-custodial sentence.
3. The deceased and mother of the accused seem to have been involved in a relationship the accused objected to. The accused, ought to have explored other means of resolving this dispute rather committing such cold blooded murder.
4. It is for this reason that I am convinced that the accused deserve a custodial sentence that would act as a deterrence to them while also giving them the opportunity to reflect on their actions.
5. In the circumstances, I sentence both accused 1 and 2 to each serve 15 years imprisonment. Since the accused have been remanded in custody during their trial, the sentences of the accused shall run from 19/4/2022 the date the accused were first arraigned before court. Right of appeal explained to the accused.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF MAY, 2024. D. O. OGEMBOJUDGE23/5/2024CourtRead out in Open Court in presence of the Accused, Ms. Ndeda for the Accused, and Ms. Kerubo for the State.D. O. OGEMBOJUDGE23/5/2024Ms. NdedaI pray that I be discharged. Also my pro bono fees.CourtAdvocate ms. Ndeda is discharged. To be paid pro- bono fees.D. O. OGEMBOJUDGE23/5/2024