1. The three convicts herein were on 14th November 2025 convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Upon conviction, the court directed that pre-sentence probation reports be prepared. The said reports have since been filed and were considered alongside the mitigation tendered by learned counsel for the convicts and the submissions by the prosecution.
Consideration of Mitigation and Pre-Sentence Reports
3. The court has carefully considered the personal circumstances of each convict as captured in the probation reports:
(a) Elizabeth Kerubo Omwoka (1st Convict)
o Aged 40 years.
o A first offender with strong family ties.
o Described as hardworking and responsible.
o However, the offence involved the deceased being subjected to prolonged torture within her household, where she exercised authority and influence.
(b) Wilson Kebeno Nyabuto (2nd Convict)
o Aged 27 years.
o A first offender and family man.
o Admitted participation in restraining and assaulting the deceased.
o His actions contributed directly to the fatal injuries.
(c) Sharon Kebeno (3rd Convict)
o Aged 22 years.
o A young mother and first offender.
o Though the youngest, she actively participated in the unlawful assault of the deceased.
4. The probation officer noted divided community views, with some family members proposing reconciliation, while a significant portion of the community strongly opposed any non-custodial sentence, citing the brutality of the offence, the vulnerability of the deceased, and the need for deterrence.
5. Importantly, the probation reports highlighted community tension and hostility towards the convicts, rendering any non-custodial sentence impracticable and unsafe
Sentencing Principles
6. In sentencing, this court is guided by the principles set out in:
o Section 204 of the Penal Code, and
o The Supreme Court decision in Francis Karioko Muruatetu & Another v Republic [2017] eKLR, which removed the mandatory nature of the death sentence but preserved judicial discretion.
7. The objectives of sentencing include:
o Retribution
o Deterrence
o Protection of the public
o Rehabilitation
o Denunciation of unlawful conduct
8. The offence herein involved mob-style punishment, prolonged restraint, humiliation, and physical torture of a vulnerable young woman under the guise of “discipline” and “moral correction.” Such conduct is grave, unlawful, and wholly inconsistent with the rule of law.
9. The deceased died while bound, helpless, and pleading for release. The injuries were multiple, severe, and inflicted over time, demonstrating a high degree of callousness of the convicts and disregard for human life.
Sentence
10. Having considered all the circumstances of this case, including:
• The brutality of the offence,
• The abuse of familial authority,
• The vulnerability of the deceased,
• The need for deterrence and public protection.
• Security of the convicts
• Prevalence of the offence within the jurisdiction of this court and all the necessary factors
this court is satisfied that a custodial sentence is inevitable.
11. Accordingly, I proceed to sentence the convicts s follows :
(a) Elizabeth Kerubo Omwoka (1st Convict)
Thirty (20) years imprisonment
(b) Wilson Kebeno Nyabuto (2nd Convict)
Twenty-five (20) years imprisonment
(c) Sharon Kebeno (3rd Convict)
Twenty (20) years imprisonment
12. The sentences be computed from 8.3.24 when the convicts were first arraigned in court (in accordance with section 333(2) of the Criminal Procedure Code), till completion in full .
13. Fourteen (14) days right of appeal.
T. A. ODERA
JUDGE
10.2.26
DELIVERED VIRTUALLY VIA TEAMS PLATFORM IN THE PRESENCE OF THE CONVICT , MR NYARIKI I FOR THE CONVICTS , MR KOIMA FOR STATE , MR KOIMA FOR THE STATE & CA – MR KIPCHIRCHIR
Order : Proceedings be supplied to the convicts
T. A. ODERA
JUDGE
10.2.26
2. Upon conviction, the court directed that pre-sentence probation reports be prepared. The said reports have since been filed and were considered alongside the mitigation tendered by learned counsel for the convicts and the submissions by the prosecution.
Consideration of Mitigation and Pre-Sentence Reports
3. The court has carefully considered the personal circumstances of each convict as captured in the probation reports:
(a) Elizabeth Kerubo Omwoka (1st Convict)
o Aged 40 years.
o A first offender with strong family ties.
o Described as hardworking and responsible.
o However, the offence involved the deceased being subjected to prolonged torture within her household, where she exercised authority and influence.
(b) Wilson Kebeno Nyabuto (2nd Convict)
o Aged 27 years.
o A first offender and family man.
o Admitted participation in restraining and assaulting the deceased.
o His actions contributed directly to the fatal injuries.
(c) Sharon Kebeno (3rd Convict)
o Aged 22 years.
o A young mother and first offender.
o Though the youngest, she actively participated in the unlawful assault of the deceased.
4. The probation officer noted divided community views, with some family members proposing reconciliation, while a significant portion of the community strongly opposed any non-custodial sentence, citing the brutality of the offence, the vulnerability of the deceased, and the need for deterrence.
5. Importantly, the probation reports highlighted community tension and hostility towards the convicts, rendering any non-custodial sentence impracticable and unsafe
Sentencing Principles
6. In sentencing, this court is guided by the principles set out in:
o Section 204 of the Penal Code, and
o The Supreme Court decision in Francis Karioko Muruatetu & Another v Republic [2017] eKLR, which removed the mandatory nature of the death sentence but preserved judicial discretion.
7. The objectives of sentencing include:
o Retribution
o Deterrence
o Protection of the public
o Rehabilitation
o Denunciation of unlawful conduct
8. The offence herein involved mob-style punishment, prolonged restraint, humiliation, and physical torture of a vulnerable young woman under the guise of “discipline” and “moral correction.” Such conduct is grave, unlawful, and wholly inconsistent with the rule of law.
9. The deceased died while bound, helpless, and pleading for release. The injuries were multiple, severe, and inflicted over time, demonstrating a high degree of callousness of the convicts and disregard for human life.
Sentence
10. Having considered all the circumstances of this case, including:
• The brutality of the offence,
• The abuse of familial authority,
• The vulnerability of the deceased,
• The need for deterrence and public protection.
• Security of the convicts
• Prevalence of the offence within the jurisdiction of this court and all the necessary factors
this court is satisfied that a custodial sentence is inevitable.
11. Accordingly, I proceed to sentence the convicts s follows :
(a) Elizabeth Kerubo Omwoka (1st Convict)
Thirty (20) years imprisonment
(b) Wilson Kebeno Nyabuto (2nd Convict)
Twenty-five (20) years imprisonment
(c) Sharon Kebeno (3rd Convict)
Twenty (20) years imprisonment
12. The sentences be computed from 8.3.24 when the convicts were first arraigned in court (in accordance with section 333(2) of the Criminal Procedure Code), till completion in full .
13. Fourteen (14) days right of appeal.
T. A. ODERA
JUDGE
10.2.26
DELIVERED VIRTUALLY VIA TEAMS PLATFORM IN THE PRESENCE OF THE CONVICT , MR NYARIKI I FOR THE CONVICTS , MR KOIMA FOR STATE , MR KOIMA FOR THE STATE & CA – MR KIPCHIRCHIR
Order : Proceedings be supplied to the convicts
T. A. ODERA
JUDGE
10.2.26