1. On 4th April 2025, I delivered a Judgement herein, where I convicted the accused herein for murder. I called for a pre-sentence report, and fixed the matter for sentencing hearing. A pre-sentence report was prepared, and filed herein on 24th April 2025. The said report was dated 25th April 2025. The sentencing hearing happened on 30th April 2025. Mr. Omeri made a statement in mitigation, on behalf of the accused. That the accused person was a young father of children of tender years and sole breadwinner for his elderly parents. He was said to be remorseful. He prayed for non-custodial measures. Mr. Onanda, for the Republic, invited the court to be guided by the pre-sentence report.
2. I have considered both the pre-sentence report and the speeches made by both sides on sentence. A person lost their life, for no justifiable cause at all. Justice must be served for him and his family.
3. The accused was convicted of murder, under the Penal Code, Cap 63, Laws of Kenya. The death penalty remains the mandatory sentence for murder under that law. There had been some reprieve, by the Supreme Court, in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki & Lenaola, SCJJ), where mandatory death, as a penalty for murder, was decried, but not outlawed. It was declared to be unconstitutional, yet still lawful to the extent of Article 26(3) of the Constitution. Then it was said a trial court could still exercise discretion, in sentencing, despite the mandatory nature of the provision prescribing the penalty, in the Penal Code.
4. The circumstances of the offence herein would mean the offence, as committed by the accused, deserves to be dealt with by imposing the severest sentence. However, I shall avoid the death sentence, as prescribed by the Penal Code, as it has been declared unconstitutional by Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki & Lenaola, SCJJ). Consequently, I sentence the accused person herein to serve 30 years imprisonment, for the murder of Richard Wabwire Ochieng, contrary to section 203, as read with section 204, of the Penal Code. The sentence shall commence from the date of his arrest. It is so ordered.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 29TH DAY OF MAY 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Ms. Azenga Alenga, Legal Researcher.
Advocates
Mr. Tony Omeri, Advocate for the accused person.
Mr. Tony Onanda, instructed by the Director of Public Prosecutions, for the Republic.
2. I have considered both the pre-sentence report and the speeches made by both sides on sentence. A person lost their life, for no justifiable cause at all. Justice must be served for him and his family.
3. The accused was convicted of murder, under the Penal Code, Cap 63, Laws of Kenya. The death penalty remains the mandatory sentence for murder under that law. There had been some reprieve, by the Supreme Court, in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki & Lenaola, SCJJ), where mandatory death, as a penalty for murder, was decried, but not outlawed. It was declared to be unconstitutional, yet still lawful to the extent of Article 26(3) of the Constitution. Then it was said a trial court could still exercise discretion, in sentencing, despite the mandatory nature of the provision prescribing the penalty, in the Penal Code.
4. The circumstances of the offence herein would mean the offence, as committed by the accused, deserves to be dealt with by imposing the severest sentence. However, I shall avoid the death sentence, as prescribed by the Penal Code, as it has been declared unconstitutional by Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki & Lenaola, SCJJ). Consequently, I sentence the accused person herein to serve 30 years imprisonment, for the murder of Richard Wabwire Ochieng, contrary to section 203, as read with section 204, of the Penal Code. The sentence shall commence from the date of his arrest. It is so ordered.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 29TH DAY OF MAY 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Ms. Azenga Alenga, Legal Researcher.
Advocates
Mr. Tony Omeri, Advocate for the accused person.
Mr. Tony Onanda, instructed by the Director of Public Prosecutions, for the Republic.