Republic v Douglas Ochieng Otieno Alias Smokie & 1 other

Republic v Otieno alias Smokie & another (Criminal Case E011 of 2023) [2024] KEHC 16479 (KLR) (27 November 2024) (Sentence) Neutral citation: [2024] KEHC 16479 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL CASE E011 OF 2023 RE ABURILI, J NOVEMBER 27, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND DOUGLAS OCHIENG OTIENO ALIAS SMOKIE ............................. 1ST ACCUSED GEORGE OWUOR OMINO ALIAS APOTH ..................................... 2ND ACCUSED SENTENCE 1. The two accused persons herein Douglas Ochieng Otieno alias Smokie and George Owuor Omino alias Apoth have been found Guilty of the ofience of murder contrary to Section 203 of the Penal Code and convicted accordingly. They have mitigated and there is no past criminal record on them. They are first ofienders. They plead for leniency. They have families that depend on them. They pray for noncustodial sentence. 2. I have considered the mitigations and circumstances under which the deceased lost his life, and the conduct of the accused persons who, after assaulting the deceased, prevented his brothers from taking him away for medical attention until the deceased’s brothers had parted with money and that contributed to the death of the deceased. 3. No person has any right to take away the life of another and deterrent sentence is necessary for those who believe in mob injustice or taking the law into their own hands upon suspecting others to be criminals. 4. The deceased was not armed. He was harmless and he had permission of the owner of the home to go to that home, where he was unlawfully killed. 5. Punishment for murder is death upon conviction. However, applying the principles espoused in Francis Muruatetu & Another v Republic [2017] eKLR, the 2016 Judiciary Sentencing Policy https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16479/eng@2024-11-27 1

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