State v Ocharo alias Getonga (Criminal Case E025 of 2024) [2025] KEHC 19750 (KLR) (25 June 2025) (Sentence) Neutral citation: [2025] KEHC 19750 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL CASE E025 OF 2024 TA ODERA, J JUNE 25, 2025 BETWEEN STATE ................................................................................................... PROSECUTION AND SAMUEL MAKORI OCHARO ALIAS GETONGA .................................. ACCUSED SENTENCE 1. 2. The offender was initially charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. He entered into a plea bargain agreement and the charges were reduced to manslaughter contrary to section 202 as read with 205 of the Penal Code. He pleaded guilty to the reduced charge and the case is now for sentencing. The Supreme Court in the Muruatetu case set down the following factors to be considered in sentencing in murder trials; a) Age of the offender. b) Being a first offender. c) Whether the offender pleaded guilty. d) Character and record of the offender. e) Commission of the offence in response to gender-based violence. f) Remorsefulness of the offender. g) The possibility of reform and social re-adaptation of the offender. h) Any other factor that the court considers relevant. I have considered the nature of the offence, the fact that the accused and deceased were a couple and were both drunk at the material time, mitigation, the age of the offender and the pre-sentence https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19750/eng@2025-06-25 1
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report filed herein. As per the pre-sentence report, the family of the offender is still grieving the loss of the deceased and are completely disappointed in him, he lost their favour and his parents do not wish for his return home anytime soon. They believe that he should pay for his mistakes in custody. The community members are less concerned about his fate, while not ruling out the possibility of welcoming the offender upon return, believe that the family has a greater say and should be allowed to heal as the main victims. The probation officer recommends a custodial sentence because the home environment is neither supportive nor welcoming. 3. The accused confessed that he was once a convict of the offence of being drunk and disorderly and sentenced to serve a 3-month prison term. This offence being a minor offense will not affect his sentencing. Taking into consideration that the offender is a first-time murder offender, has no history of serious criminal conduct, is not a repeat or violent offender, comes from an unsupportive and unwelcoming home environment, and has shown genuine remorse, I find that a custodial sentence is necessary. However, the offender is entitled to some degree of leniency for having entered into a plea bargain, which conserved valuable judicial time and expedited the resolution of this case. 4. I proceed to sentence the offender to serve 5 years imprisonment. The sentence to be computed from 5.9.24 when he took plea and was first remanded. 5. The offender has 14 days Right of Appeal. T.A ODERA JUDGE 25.6.25 DELIVERED VIRTUALLY VIA TEAMS PLATFORM ON THIS 25TH DAY OF JUNE 2025 the presence of: Mr. Koima for prosecution. Miss Gogi for the offender, The offender Court Assistant - Kipchichir https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19750/eng@2025-06-25 2
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