[2021] KEHC 8370 (KLR)
The court found that although the accused was a first offender, a family man, and remorseful, the gravity of the offence—murder committed through mob justice by a person in a position of authority—required a custodial sentence. The court considered the period already served in remand custody and the positive...
Source-derived case information.
- Citation
- [2021] KEHC 8370 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Paul Onyango Arira
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to five years and six months imprisonment, with part of the sentence to be served on probation after six months in custody, taking into account time already served in remand custody.
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Mitigation, Mob Justice, Probation, Remand Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Paul Onyango Arira
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence of murder.
- 2 Whether the period spent in remand custody should be considered in sentencing.
- 3 Whether the accused's role as a village elder and his mitigation should affect the sentence.
Ratio Decidendi
The court found that although the accused was a first offender, a family man, and remorseful, the gravity of the offence—murder committed through mob justice by a person in a position of authority—required a custodial sentence. The court considered the period already served in remand custody and the positive presentence report, but emphasized that taking the law into one's own hands must be discouraged. Accordingly, the accused was sentenced to five years and six months imprisonment, with the first six months to be served in custody and the remainder on probation for three years, taking into account the time already spent in remand.
Court Disposition
Accused sentenced to five years and six months imprisonment, with part of the sentence to be served on probation after six months in custody, taking into account time already served in remand custody.
Orders
- The accused is sentenced to five years and six months imprisonment.
- The sentence shall take into account the period already served in remand custody.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 25 OF 2018
STATE .......................................................................................PROSECUTOR
VERSUS
PAUL ONYANGO ARIRA .............................................................ACCUSED
RULING ON SENTENCE:
1. On 30. 11. 2020 this court found the accused Paul Onyango Arira guilty of Murder as charged. I then called for a presentence report which has been filed, signed by Rose Gwaro on 28. 12. 2020. The accused has also mitigated which mitigations I have taken into account that he is a family man and a first offender. He is also remorseful and seeks for forgiveness. He urged the court to give him non-custodial sentence so that he can seek forgiveness from the family of the deceased.
2. However, the accused served as a Village Elder who took the Law into his own hands and decided to mete mob injustice to the deceased who was his cousin, on suspicion of stealing a cow.
3. The accused should have arrested the deceased and handed him over to the Police for action instead of descending on him with blows and clubs until the deceased met his death. That was cruel of the accused who ought to be a messenger of the law to the rest of the citizenry. I have read the presentence report. The accused claims to be innocent but the evidence against him is overwhelming as the offence took place in broad daylight.
4. The accused is described to be Law abiding but in this incident he became the Law unto himself and killed a suspected thief. This practice must be discouraged as thieves are dealt with by the Law. The accused is said to have served the community well as a village elder.
5. The community and his family are ready to receive him back home to serve as a village elder but the deceased’s family are bitter that their deceased’s son was innocent. The Area Chief and Assistant Chief knew the victim as a thief. The other suspects escaped and have not been arrested. The accused has been in custody since his arrest in 2018.
6. Taking into account the mitigations and circumstances under which the offence was committed, and the presentence report and the fact that a life was lost through mob injustice, I hereby sentence the accused person Paul Onyango Arira to serve five years and six months imprisonment. However, this sentence shall take into account the period already served in prison remand custody. Of the 5 years and 6 months imprisonment, the accused convict shall, upon completion of the six months imprisonment be released on probation for a term of three years commencing from the date of his release.
7. Right of Appeal explained.
8. Orders accordingly.
Dated, Signed and Delivered at Siaya this 19th day of January, 2021
R.E. ABURILI
JUDGE
In the presence of:
Mr. Kakoi Principal Prosecution Counsel
Mr. Ochanyo advocate for accused
Accused present
CA: Mr. Mboya and Ms. Modestar