State v Anyama & 3 others [2022] KEHC 13200 (KLR)

State v Anyama & 3 others (Criminal Case E025 of 2021) [2022] KEHC 13200 (KLR) (19 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13200 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E025 of 2021

RE Aburili, J

September 19, 2022

Between

State

Prosecution

and

Daniel Ojwang Anyama

1st Accused

Francis Otieno Otieno

2nd Accused

Geoffrey Odhiambo Abongo

3rd Accused

James Omondi Ogallo

4th Accused

Ruling

1. I have considered the mitigations by the accused persons and their counsel on record. I have also considered the presentence reports filed for each of the accused persons.

2. I have further considered the circumstances under which the accused persons herein committed the offence leading to the death of the deceased and the age of each of the accused persons who are young persons. I have considered the community’s attitude towards the accused persons and the fact that the deceased too had a family which loved him as he fended for them through the fishing activities.

3. Sentence for murder is death as provided for in section 204 of the Penal Code. However, this is not mandatory as espoused in the Francis Karioko Muruatteu and another v Republic [2017]e KLR.

4. In the premises, I hereby sentence each of the accused persons herein to serve three years on probation. The 3rd and 4th accused persons who are aged 18 years old each, shall, of the three years probation, serve one year probation at the Nairobi Probation Hostel.

5. The 1st and 2nd accused persons shall serve non-custodial 3 years’ probation to be closely supervised by the Probation Officer, Siaya County, Rarieda/Bondo Sub County and in the event of breach of any of the probationary terms, they shall be arrested and brought before this court for custodial sentencing.

6. I so order.

7. File is closed.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 19TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE