'The accused person JACOB OMONDI BAYO face a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
The particulars are that Jacob Omondi Bayo on 10th day of July 2020 at Kachangwe village in West Sakwa Location within Rongo Sub-County within Migori County murdered Joshua Ochieng Otieno.
Upon conviction this court called for Victim Impact Statement and Pre-Sentence Report both of which were duly filed dated 12th October, 2025.
I have considered the mitigation tendered by the accused person JACOB OMONDI BAYO as well as the circumstances under which the offence was committed and the fact that the accused is a first offender. I have also considered the pre-sentence report and the victim impact statement which indicates that it is the deceased who charged at the accused with the intention of harming him and in the cause of struggle the deceased was overpowered and cut using the panga that he was armed with. This court has also considered that the accused is also remorseful and says that he had no intention of killing the deceased who was his cousin. This court has also considered that the victims being the wife and 5 children to the deceased lamented that as a result of the death of the deceased she has been struggling with little resources to keep the children in school. She however indicated that it is 5 years since the death of her husband and she had already moved on.
The court takes cognizance of the facts mentioned above and find that a life was lost and the accused deserves commensurate punishment for purpose of deterrence and correction.
Accordingly, I sentence the accused person, JACOB OMONDI BAYO, to ten (10) years’ imprisonment. The sentence herein to factor in the period when the accused was in remand custody from 30th September 2020 to 9th February 2022 i.e. 1 year 4months and 9 days.
Right of appeal within 14 days against both conviction and sentence is explained.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 16TH DAY OF OCTOBER, 2025.
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The particulars are that Jacob Omondi Bayo on 10th day of July 2020 at Kachangwe village in West Sakwa Location within Rongo Sub-County within Migori County murdered Joshua Ochieng Otieno.
Upon conviction this court called for Victim Impact Statement and Pre-Sentence Report both of which were duly filed dated 12th October, 2025.
I have considered the mitigation tendered by the accused person JACOB OMONDI BAYO as well as the circumstances under which the offence was committed and the fact that the accused is a first offender. I have also considered the pre-sentence report and the victim impact statement which indicates that it is the deceased who charged at the accused with the intention of harming him and in the cause of struggle the deceased was overpowered and cut using the panga that he was armed with. This court has also considered that the accused is also remorseful and says that he had no intention of killing the deceased who was his cousin. This court has also considered that the victims being the wife and 5 children to the deceased lamented that as a result of the death of the deceased she has been struggling with little resources to keep the children in school. She however indicated that it is 5 years since the death of her husband and she had already moved on.
The court takes cognizance of the facts mentioned above and find that a life was lost and the accused deserves commensurate punishment for purpose of deterrence and correction.
Accordingly, I sentence the accused person, JACOB OMONDI BAYO, to ten (10) years’ imprisonment. The sentence herein to factor in the period when the accused was in remand custody from 30th September 2020 to 9th February 2022 i.e. 1 year 4months and 9 days.
Right of appeal within 14 days against both conviction and sentence is explained.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 16TH DAY OF OCTOBER, 2025.
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