A. INTRODUCTION
1. The accused persons have been convicted of murder, contrary to Section 203 as read with Section 204 of the Penal Code.
2. The Court has reviewed comprehensive pre-sentence reports for each accused, along with mitigation statements, victim impact assessments, and community perspectives.
B. PRE-SENTENCE REPORTS – KEY FINDINGS
3. The pre-sentence reports present a consistent and troubling narrative:
- Nature of the Offence
- The murder stemmed from a protracted land dispute within a polygamous family.
- The conflict escalated over time, marked by previous assaults, threats, and unresolved grievances.
- The act was deliberate, coordinated, and executed with shared intent.
- Family and Community Dynamics
- The family is severely divided into hostile factions.
- Attempts at reconciliation have been ineffective.
- Hostilities have escalated to the point of contesting burial arrangements.
- There exists a significant risk of retaliation or further violence.
- Victim Impact
- The deceased was a patriarch and provider, leaving dependents in economic hardship and psychological distress.
- Some victims report ongoing threats and intimidation, living in fear.
- Community Attitude
- The community and local administration strongly oppose non-custodial sentences due to concerns about:
- The safety of offenders and victims.
- The potential for renewed violence.
- The breakdown of law and order
- Suitability for Non-Custodial Sentence
- All reports conclude that non-custodial sentencing is inappropriate due to:
- High levels of hostility.
- Lack of reconciliation.
- Seriousness of the offence.
- Public safety concerns.
C. INDIVIDUAL CIRCUMSTANCES OF ACCUSED
4. The Court has assessed the following individual circumstances:
-A1 (Francis Nyabuto): Has a prior conviction for assault against the deceased and others, indicating a pattern of violence.
-A2 (Peris Kerubo): Advanced in age but has been actively involved and instigating the offence .
- A3 (Paul Orenge): A young offender who admitted involvement but attempted to downplay intent, indicating influence by alcohol.
-A4 (Brian Kaiser): He was the principal aggressor, responsible for inflicting fatal injuries.
-A5 (Kwamboka Kibwage)**: Played a supportive role, with family tensions linked to her involvement.
5. Some accused persons continue to deny responsibility, reflecting limited remorse.
D. LEGAL PRINCIPLES
6. In line with Muruatetu v Republic [2017] eKLR, the Court retains discretion in sentencing.
7. The Court is guided by:
- Sentencing Policy Guidelines (2016)
- Objectives of sentencing:
- Punishment
- Deterrence
- Rehabilitation
- Protection of society
- Denunciation
E. AGGRAVATING FACTORS
8. The following aggravating factors are significant:
i. The attack was Premeditated and coordinated
ii. Use of excessive and brutal force against a helpless old man .
iii.Multiple attackers acting with common intent.
iv. Prior threats and a history of violence.
v, Family betrayal, given the offence was committed against a father/elder.
vii. Ongoing hostility and lack of reconciliation.
viii.Serious and lasting impact on victims.
ix. Risk of further violence if offenders are released.
---
F. MITIGATING FACTORS
9. The Court acknowledges:
- The advanced ages of the 1st and 2nd convicts.
- The middle ages the 3rd and 4th 5th convicts
-The convicts were arrested and arraigned in court on different dates and have been in custody through out the trial. Section 333(2) enjoins the courts to consider remand period of convicts while passing sentences . Convict No. 1 and No. 2 were arraigned in court on 23.5.23 , Convict No. 4 and no. 5 were arraigned on 4.1.24 while Convict no. 5 was arraigned on 16.10.23.
- Family responsibilities of the convicts .
- Though the convicts expressed remorse in court though the presentence reports reveal otherwise but gravity of the offence far outweighs any mitigating factors.
-
G. ANALYSIS
11. This case represents a tragic instance of intra-family murder, driven by greed, resentment, and unresolved land disputes. Such offences are prevalent within the jurisdiction of this court .
12. The Court finds that:
- The offence reflects high moral blameworthiness.
- The offenders acted with clear malice aforethought.
- The ongoing hostility renders community reintegration unsafe.
13. A non-custodial sentence would:
Undermine public confidence in the justice system, place both offenders and victims in danger, as their security at home cannot be guaranteed and may potentially reignite conflict.
H. SENTENCE
14. In light of the above, I proceed to sentence each convict herein to 30 years imprisonment .
The sentences will run as follows ;
a. FRANCIS NYABUTO BWANA and PERIS KERUBO KIBWAGE
Sentences to run from 23.5.23.
b. PAUL ORENGE NYABUTO alias BEN NYANCHIRI- sentence to run from 16.10.23 .
c. BRIAN KAISER ROBERT alias DAN NYANCHIRO and KWAMBOKA KIBWAGE alias MILKA KWAMBOKA- Sentences to run from 4.1.24
.
RIGHT OF APPEAL
15. The convicts are hereby informed of their right to appeal.
T.A ODERA
JUDGE
23.3.25
DELIVERED, VIRTUALLY VIA TEAMS PLATFORM ON THIS 23RD DAY OF MARCH 2026, IN THE PRESENCE OF ALL THE CONVICTS , MISS GOGI FOR THE 1ST , 2ND 3RD AND 5TH CONVICTS , MISS GOGI ALSO HOLDING BRIEF FOR Okemwa STEVE FOR the 4th CONVICT MR KOIMA FOR PROSECUTION & A- ONKUNDI
Order : Proceedings , Judgment and ruling on sentence to be prepared and supplied to the convicts
T.A ODERA
JUDGE
23.3.25
1. The accused persons have been convicted of murder, contrary to Section 203 as read with Section 204 of the Penal Code.
2. The Court has reviewed comprehensive pre-sentence reports for each accused, along with mitigation statements, victim impact assessments, and community perspectives.
B. PRE-SENTENCE REPORTS – KEY FINDINGS
3. The pre-sentence reports present a consistent and troubling narrative:
- Nature of the Offence
- The murder stemmed from a protracted land dispute within a polygamous family.
- The conflict escalated over time, marked by previous assaults, threats, and unresolved grievances.
- The act was deliberate, coordinated, and executed with shared intent.
- Family and Community Dynamics
- The family is severely divided into hostile factions.
- Attempts at reconciliation have been ineffective.
- Hostilities have escalated to the point of contesting burial arrangements.
- There exists a significant risk of retaliation or further violence.
- Victim Impact
- The deceased was a patriarch and provider, leaving dependents in economic hardship and psychological distress.
- Some victims report ongoing threats and intimidation, living in fear.
- Community Attitude
- The community and local administration strongly oppose non-custodial sentences due to concerns about:
- The safety of offenders and victims.
- The potential for renewed violence.
- The breakdown of law and order
- Suitability for Non-Custodial Sentence
- All reports conclude that non-custodial sentencing is inappropriate due to:
- High levels of hostility.
- Lack of reconciliation.
- Seriousness of the offence.
- Public safety concerns.
C. INDIVIDUAL CIRCUMSTANCES OF ACCUSED
4. The Court has assessed the following individual circumstances:
-A1 (Francis Nyabuto): Has a prior conviction for assault against the deceased and others, indicating a pattern of violence.
-A2 (Peris Kerubo): Advanced in age but has been actively involved and instigating the offence .
- A3 (Paul Orenge): A young offender who admitted involvement but attempted to downplay intent, indicating influence by alcohol.
-A4 (Brian Kaiser): He was the principal aggressor, responsible for inflicting fatal injuries.
-A5 (Kwamboka Kibwage)**: Played a supportive role, with family tensions linked to her involvement.
5. Some accused persons continue to deny responsibility, reflecting limited remorse.
D. LEGAL PRINCIPLES
6. In line with Muruatetu v Republic [2017] eKLR, the Court retains discretion in sentencing.
7. The Court is guided by:
- Sentencing Policy Guidelines (2016)
- Objectives of sentencing:
- Punishment
- Deterrence
- Rehabilitation
- Protection of society
- Denunciation
E. AGGRAVATING FACTORS
8. The following aggravating factors are significant:
i. The attack was Premeditated and coordinated
ii. Use of excessive and brutal force against a helpless old man .
iii.Multiple attackers acting with common intent.
iv. Prior threats and a history of violence.
v, Family betrayal, given the offence was committed against a father/elder.
vii. Ongoing hostility and lack of reconciliation.
viii.Serious and lasting impact on victims.
ix. Risk of further violence if offenders are released.
---
F. MITIGATING FACTORS
9. The Court acknowledges:
- The advanced ages of the 1st and 2nd convicts.
- The middle ages the 3rd and 4th 5th convicts
-The convicts were arrested and arraigned in court on different dates and have been in custody through out the trial. Section 333(2) enjoins the courts to consider remand period of convicts while passing sentences . Convict No. 1 and No. 2 were arraigned in court on 23.5.23 , Convict No. 4 and no. 5 were arraigned on 4.1.24 while Convict no. 5 was arraigned on 16.10.23.
- Family responsibilities of the convicts .
- Though the convicts expressed remorse in court though the presentence reports reveal otherwise but gravity of the offence far outweighs any mitigating factors.
-
G. ANALYSIS
11. This case represents a tragic instance of intra-family murder, driven by greed, resentment, and unresolved land disputes. Such offences are prevalent within the jurisdiction of this court .
12. The Court finds that:
- The offence reflects high moral blameworthiness.
- The offenders acted with clear malice aforethought.
- The ongoing hostility renders community reintegration unsafe.
13. A non-custodial sentence would:
Undermine public confidence in the justice system, place both offenders and victims in danger, as their security at home cannot be guaranteed and may potentially reignite conflict.
H. SENTENCE
14. In light of the above, I proceed to sentence each convict herein to 30 years imprisonment .
The sentences will run as follows ;
a. FRANCIS NYABUTO BWANA and PERIS KERUBO KIBWAGE
Sentences to run from 23.5.23.
b. PAUL ORENGE NYABUTO alias BEN NYANCHIRI- sentence to run from 16.10.23 .
c. BRIAN KAISER ROBERT alias DAN NYANCHIRO and KWAMBOKA KIBWAGE alias MILKA KWAMBOKA- Sentences to run from 4.1.24
.
RIGHT OF APPEAL
15. The convicts are hereby informed of their right to appeal.
T.A ODERA
JUDGE
23.3.25
DELIVERED, VIRTUALLY VIA TEAMS PLATFORM ON THIS 23RD DAY OF MARCH 2026, IN THE PRESENCE OF ALL THE CONVICTS , MISS GOGI FOR THE 1ST , 2ND 3RD AND 5TH CONVICTS , MISS GOGI ALSO HOLDING BRIEF FOR Okemwa STEVE FOR the 4th CONVICT MR KOIMA FOR PROSECUTION & A- ONKUNDI
Order : Proceedings , Judgment and ruling on sentence to be prepared and supplied to the convicts
T.A ODERA
JUDGE
23.3.25