RULING ON SENTENCE
The two accused did a joint mitigation through learned counsel. They both pleaded that they were provoked, with being forced witness the deceased ruining their lives through the relationship between the deceased and their mother leading to the death of their father. That they are both first offenders and married with small children.
I have considered the mitigation raised by the two accused. I have also considered the pre-sentence report filed by the probation officer which basically reiterates the facts of this case, and the objection of the community towards the accused being placed on non-custodial sentence.
The deceased and mother of the accused seem to have been involved in a relationship the accused objected to. The accused, ought to have explored other means of resolving this dispute rather committing such cold blooded murder.
It is for this reason that I am convinced that the accused deserve a custodial sentence that would act as a deterrence to them while also giving them the opportunity to reflect on their actions.
In the circumstances, I sentence both accused 1 and 2 to each serve 15 years imprisonment. Since the accused have been remanded in custody during their trial, the sentences of the accused shall run from 19/4/2022 the date the accused were first arraigned before court. Right of appeal explained to the accused.
Dated, Signed and Delivered this 23rd Day of May, 2024.
D. O. OGEMBO
JUDGE
23/5/2024
Court
Read out in Open Court in presence of the Accused, Ms. Ndeda for the Accused, and Ms. Kerubo for the State.
D. O. OGEMBO
JUDGE
23/5/2024
Ms. Ndeda
I pray that I be discharged. Also my pro bono fees.
Court
Advocate ms. Ndeda is discharged. To be paid pro- bono fees.
D. O. OGEMBO
JUDGE
23/5/2024