[2022] KEHC 12869 (KLR)
The court found that although the law prescribes death as the punishment for murder, the Supreme Court decision in Francis Muruatetu v Republic [2017] eKLR rendered the death penalty non-mandatory, granting the court discretion in sentencing. The judge considered the circumstances of the offence, the lack of remorse...
Source-derived case information.
- Citation
- [2022] KEHC 12869 (KLR)
- Parties
- Applicant: State; Defendant: Daniel Mwembe Oloo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2021
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced to 50 years imprisonment
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Discretion, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Daniel Mwembe Oloo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death or a term of imprisonment for the offence of murder.
- 2 Whether mitigating circumstances and the victim impact statement warrant leniency in sentencing.
Ratio Decidendi
The court found that although the law prescribes death as the punishment for murder, the Supreme Court decision in Francis Muruatetu v Republic [2017] eKLR rendered the death penalty non-mandatory, granting the court discretion in sentencing. The judge considered the circumstances of the offence, the lack of remorse by the accused, the impact on the victim's family, and the accused's age. The court concluded that the accused's actions were egregious and demonstrated a lack of empathy, and that leniency was not warranted. Exercising discretion, the court sentenced the accused to fifty years' imprisonment, to be calculated from the date of arrest.
Court Disposition
convicted and sentenced to 50 years imprisonment
Orders
- The accused Daniel Mwembe Oloo is sentenced to fifty (50) years in prison, to be calculated from the date of arrest on 24/8/2021.
- Right of appeal to the Court of Appeal explained, within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
State v Oloo (Criminal Case E027 of 2021) [2022] KEHC 12869 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12869 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E027 of 2021
RE Aburili, J
June 30, 2022
Between
State
Prosecution
and
Daniel Mwembe Oloo
Accused
Ruling
1. The accused Daniel Mwembe Oloo is convicted for the murder of Jacklyne Akinyi Owiti. He has mitigated pleading that the court exercises leniency on him and gives him non-custodial sentence to achieve his dreams and care for his child.
2. The mother to the deceased has testified how she lost her only child Jacklyne. She had cried before the court, seeking for justice.
3. I have considered the circumstances under which the offence was committed and the mitigations and the victim impact statement. Only the accused knows why he unlawfully killed the deceased who was a young lady and his girlfriend. She left behind a baby who has lost motherly love. Her mother too has lost her only child. The accused is said to be 21 years old and had dreams.
4. This court has observed his very deceptive demeanor and finds him to be a very dangerous young person who pretends to be innocent. He cannot claim to have dreams when he has shuttered dreams of a young life of Jacklyne and deprived her child the love of a mother. He also deprived Jacklyne’s mother of her only child. Live and let live. The accused does not deserve leniency from the court because he is not remorseful and only thinks about his own life. He is selfish. No person has any right to deprive of another life which is God given.
5. Punishment for murder is death. However, as this is not mandatory anymore following the Francis Muruatetu vs Republic[2017] eKLR decision by the Supreme court, and considering the age of the accused person, I hereby exercise discretion and sentence the convict Daniel Oloo to serve fifty (50) years in prison to be calculated from the date of his arrest on 24/8/2021.
6. Right of appeal to the Court of Appeal is hereby explained, within 14 days of today.
7. I so order.
8. File closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 30TH DAY OF JUNE, 2022R.E. ABURILIJUDGE