REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO. 1 OF 2019 (MURDER) REPUBLIC................................................................PROSECUTOR -VERSUSPHILIP 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
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