State v Olik [2022] KEHC 12063 (KLR)

State v Olik (Criminal Case E012 of 2021) [2022] KEHC 12063 (KLR) (10 May 2022) (Sentence)

Neutral citation: [2022] KEHC 12063 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E012 of 2021

RE Aburili, J

May 10, 2022

Between

State

Prosecution

and

George Omwombo Olik

Accused

Sentence

1. This May 10, 2022, the court has delivered judgment in this case finding the accused person George Omwombo Olik guilty of the offence of murder as charged and convicted him accordingly. The accused has also mitigated. The prosecution has stated that they have no previous criminal record on the accused person hence he can be treated as a first offender. I have considered the circumstances under which the offence was committed and the mitigation by the accused who is remorseful and prays for leniency from the court. He also asks for forgiveness from the family of the deceased who are not in court today. In his mitigation, the accused says that he did not know that assaulting the deceased would lead to his death. He prayed for lenient sentence to enable him serve and return to his family and construct a house for his children.

2. I have also considered the age of the accused who is 36 years old and with a family of children who, according to the probation prebail assessment report dated July 19, 2021, his wife left with the children before his arrest.

3. I have also considered the fact that punishment for murder is death as provided for under section 204 of the Penal code. However, this is not mandatory as was espoused in the case of Francis Karioko Muruatetu Vs Republic [2017]eKLR.

4. I have also considered the objects of sentencing and Judiciary Sentencing Policy Guidelines.

5. The accused person mercilessly assaulted the deceased on allegations that the deceased was a thief. Offenders too deserve justice and they are not to be subjected to mob injustice or to be condemned unheard the way the deceased was treated to thorough beatings using an iron rod which the accused carried.

6. The accused deserves a long custodial sentence which is deterrent. I therefore exercise discretion and sentence the accused person herein George Omwombo Olik to serve thirty-five (35) years imprisonment to be calculated from the date of his arrest on May 18, 2021.

7. Orders accordingly.

8. Right of appeal to the Court of Appeal is 14 days of today guaranteed.

9. File closed.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 10TH DAY OF MAY, 2022R E ABURILIJUDGE