Republic v Philip Ombuoga Mose & Daniel Osoro Mose [2020] KEHC 7791 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. 1 OF 2019 (MURDER)

REPUBLIC................................................................PROSECUTOR

-VERSUS-

PHILIP OMBUOGA MOSE.....................................1ST ACCUSED

DANIEL OSORO MOSE...........................................2NDACCUSED

SENTENCING

The accused persons Philip Ombuoga Mose and Daniel Osoro Mose have been convicted of the murder of their brother Andrew Orina Mose.  In sentencing the accused persons I have considered the mitigation raised by their counsel, and also that they are first offenders.  The probation report presented   recommends a non-custodial sentence and states, that the family of the accused persons has had a series of killings.

I have considered the circumstances under which the deceased met his death.  The attack was so brutal and uncalled for.  They were so merciless.  They deserve a death sentence.  Despite what is recommended by the probation officer, I find it fit that the 2 be given a custodial sentence.

I therefore sentence Philip Ombuoga Mose to 40 years imprisonment.I sentence Daniel Osoro Mose to 40 years imprisonment. Each accused person has a right of appeal within 14 days.

Dated, signed and delivered at KISII this 3rdday of March 2020.

R.E.OUGO

JUDGE

In the Presence of;

Accused: 1. Philip Ombuoga Mose Present

Accused 2: Daniel Osoro Mose  Present

Mr. Kaba h/b for Mr.Nyangacha For Accused persons

Mr. Otieno Senior State Counsel Office of the DPP

Ms. Rael  Court Assistant