Republic v George Onyango Oluoch & 1 other

6. The report indicates that the accused still deny committing the offence and alleges that the charge was fabricated as he was not in the remand block where the offence was committed. 7. In mitigation he states that he has undergone reformative activities while in prison of undertaking carpentry course and cleaning activities thus demonstrating humility and willingness to contribute to the community. Furthermore, the long period in incarceration has affected his mental state and serves as a punishment. 8. That the offence occurred in a volatile prison environment which is tensed. That the offender is already serving life sentence and seeks for a sentence that upholds justice while recognizing human frailty, redemption and mercy. That the victim’s pain is not underestimated and deserves compassion. However, justice must be tempered with mercy and proportionately. 9. The report reveals that the 2nd accused has a strong and supportive family ties and that the family appreciates that he cannot be sentenced to a non-custodial sentence as he is already serving a custodial sentence. As such they seek for a lenient sentence. 10. Further that he is forty-three (43) years old and has attained education up to class three (3). That at the time of arrest, he was working in the matatu industry as a tout or conductor. 11. The report indicates he does not acknowledge committing the offence and states that he was in a different prison block but prays that the deceased’s family be consoled and the time he has been in custody be considered. 12. However, the report further indicates that the victim’s family is devastated by his loss and are still to come to terms with it. That they want the accused punished severely. 13. The defence counsel for the 2nd accused submitted that he is remorseful and that the circumstances leading to this matter is still perturbing. That the Muruatetu case has given the court discretion in sentencing and the accused is live to the fact he is serving a long-time sentence. 14. The accused urged the court to impose any other sentence part from death or life imprisonment sentence. Further that there are several authorities that the court can impose a sentence of less than twenty (2)0 years and it runs concurrently with the sentence he serving. Further, the years he has been in custody or trial be considered. 15. In addition to the afore, the objectives of sentence as stated under clause 1.3 of the Sentencing Guidelines (2023) the sentencing policy are considered and states as follows: a. Retribution: To punish the offender for his/her criminal conduct in a just manner. It serves to deter future crime. Victims and society might feel satisfied that the criminal justice system is functioning well when they learn that the offender has received an appropriate sentence for their crimes, which raises trust in the criminal justice system b. Deterrence: To deter the offender from committing a similar offence or any other offence in future as well as to discourage the public from committing similar offences. Thus it is divided into two components; individual and general deterrence. Individual deterrence is to dissuade the perpetrator with the objective to inflict a punishment severe enough to deter the offender from engaging in criminal activity. The convict is expected to be discouraged from committing crimes in the future as a result of the sentence. The society is the target of general deterrence. Other people are deterred from committing those offences by the punishment meted out to those who commit them. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1347/eng@2026-01-21 2

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c. Rehabilitation: To enable the offender reform from his criminal disposition and become a lawabiding person. It aims at changing the offenders and make it easier for them to reintegrate into society, through a variety of programs and treatments. It focusses on treating the root reasons of criminal behaviour, such as dependency, mental health conditions, or a lack of education. The objective is to give the offender the resources and assistance they need to upon release, become law-abiding citizens. d. Restorative justice: To address the needs arising from the criminal conduct such as loss and damages sustained by the victim or the community and to promote a sense of responsibility through the offender’s contribution towards meeting those needs. Any harm done to the victim may be compelled to be repaired or restored by the court. The goal is to put the victim back in his pre-crime status or position. The goal of restoration is to make up for any harm the perpetrator has caused the victim. e. Restitution deters crime by financially penalizing the offender. It is somewhat like a civil lawsuit damages judgement and occurs when the court directs the offender to compensate the victim for any injury. Restitution may be required in cases of financial loss, property damage, and, in rare cases, mental suffering. It may also take the form of a fine to help defray part of the expense of the criminal investigation and punishment. f. Community protection: To protect the community by removing the offender from the community thus avoiding the further perpetuation of the offender’s criminal acts. g. Denunciation: To clearly communicate the community’s condemnation of the criminal conduct. h. Reconciliation: To mend the relationship between the offender, the victim and the community. i. Reintegration: To facilitate the re-entry of the offender into the society. j. Incapacitation’s main purpose is to simply keep offenders outside of society so that everyone is safe from their potentially harmful actions. A person convicted of a crime should not be permitted to mingle with the general public if there is no assurance that they will not commit the same crime again. In certain civilizations, punishment takes the form of death sentence or it may entail a sentence of life in jail without the chance of release. 16. To revert back to the matter herein, the fact that each accused is a first offender is considered and so is the circumstances of the offence pre-sentence report and mitigation. 17. Be that as it were, it is evident that, despite the fact that each accused is serving a life imprisonment for an offence of robbery with violence, they have not reformed and committed yet another offence, being an indication that they are not ready to change from criminal activities. The accused cannot therefore benefit from a non-custodial sentence and deserve a deterrence sentence. Further, the deceased was an elderly man aged sixty (60) years old. There is no indication that he provoked the accused. Furthermore, the manner in which the offence was committed is inhuman. 18. Consequently, each accused is sentenced to life imprisonment with effect from 21st November, 2025. DATED, DELIVERED, AND SIGNED THIS 21ST DAY OF NOVEMBER, 2025. GRACE L. NZIOKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1347/eng@2026-01-21 3

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In the presence of: Mr. Abwajo H/B for Ms. Chepkonga for the State Mr. Wairegi for the 1st accused Mr. Owuor for the 2nd accused Accused present virtually Ms. Hannah: Court assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1347/eng@2026-01-21 4

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