State v Osalo [2023] KEHC 25713 (KLR)

State v Osalo (Criminal Case E035 of 2023) [2023] KEHC 25713 (KLR) (22 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25713 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E035 of 2023

DO Ogembo, J

November 22, 2023

Between

State

Prosecution

and

Oscar Otieno Osalo

Accused

Sentence

1. The accused herein Oscar Otieno Osalo, has been charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. When the accused was first arraigned before the court for Plea on 25-10-2023, he readily admitted the charge. Believing that the Plea of the accused was not required, the court differed the Plea taking to the following day.

2. The accused and his counsel were accordingly advised to reconsider the nature of Plea in view of the serious charges that the accused faced.

3. As it turned out, the accused, on being presented for Plea the following day on 26/10/2023, still maintained a Plea of guilty. He thereafter also admitted the facts of the case as presented by the Prosecution side, including his confession recorded upon his arrest. The court accordingly convicted the accused with the offence as charged.

4. In mitigation, counsel for the accused submitted that the accused had fully cooperated with the investigators and handed himself in, that he has pleaded guilty at the first instance and is a first offender. That he is a father of 2 children who depend on him.

5. This court has obtained a Presentence report on the accused, the report, dated 8/11/2023 was filed on 9/11/2023. The salient features of the report are: -i.That accused had in fact intended to kill 3 people, but only succeeded in killing 1, the deceased.ii.That the accused is not remorseful of his actions.iii.The actions of the accused were unprovoked.iv.That accused had earlier committed a similar incident in Ndhiwa in 2020. v.The community is against the release of the accused on a non-custodial sentence and he has been ex-communicated from his homestead.vi.That he remains a threat to his remaining targets.vii.The loss suffered by deceased’s family as a result of action of the accused.

6. I have considered the circumstances of this case, the mitigation of the accused, and the Pre-sentence cum social inquiry report filed by the Probation Officer. I am convinced that the aggravating factors herein far outweigh the mitigating factors raised by the accused. I am convinced beyond doubt that the accused deserves a custodial sentence that would remove him from the community and his remaining declared targets.

7. Taking into account, the above, I sentence the accused to serve 50 years imprisonment.

8. Right of Appeal 14 days explained to the accused.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGENovember 22, 2023Court:Ruling read out in Open court in presence of accused, Mr. Odhiambo for accused and Ms. Mumu for State.D.O. OGEMBOJUDGENovember 22, 2023Court:Advocate may be paid his Probono fees.D.O. OGEMBOJUDGENovember 22, 2023