Republic v Juma (Criminal Case E019 of 2022) [2026] KEHC 7005 (KLR) (15 May 2026) (Sentence) Neutral citation: [2026] KEHC 7005 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CRIMINAL CASE E019 OF 2022 SM MOHOCHI, J MAY 15, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND CHRISTOPHER AWINO JUMA ................................................................ ACCUSED SENTENCE 1. The accused was charged with the ofience of murder contrary to Section 203 as read with Section 204 of the Penal Code;It is alleged that he killed Jane Atieno Ogolla, hereafter the deceased, on 16th November 2022, at Bumala Township, Butula Sub-County, Busia, he denied the charges, and a trial was conducted. The prosecution presented 11 witnesses and the court found the charge was proved beyond reasonable doubt and accordingly convicted him for the ofience; It is noteworthy that the convict had confessed of the crime which confession was admitted in evidence. 2. The deceased cut by a panga on the head with the convict having found the deceased her lover of six months in a compromising situation with another man. 3. In mitigation counsel for the convicts indicated he is 30 years old with a 5-year-old child and expressed remorsefulness for events giving rise to this case. That he had confessed immediately after the occurrence, sole breadwinner of his family. 4. No Pre-sentence report was prepared as the convict waived his right to rely on the same in mitigation. 5. The driver of this ofience was a love triangle and uncontrolled anger giving rise to violence. Analysis 6. It is the duty of this court to impose a sentence that meets the facts and circumstances of the case; this court has considered the full circumstances of the ofience which is contained in the Facts; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7005/eng@2026-05-15 1
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7. The applicable law on sentence for the ofience of Murder is found under the provisions of Section 204 of the Penal Code which reads as follows; “ Any person who is convicted of murder shall be sentenced to death". 8. The section provides for the maximum sentence, that is death; this court has taken into consideration the aggravating circumstances in that he used a deadly weapon namely panga in committing the ofience; 9. The mitigating factors taken into consideration by this court are that the convict is a 1st time ofienders with no previous criminal record, he is family man with a young child and has also expressed remorse; 10. The Court has considered the mitigating circumstances as well as the aggravating circumstances and is persuaded that while the court shall not impose the maximum sentence an imprisonment as a deterrent sentence is appropriate under the circumstances as cases of femicide are wanton and that the accused had options of severing his relationship with the deceased as opposed to visiting extreme violence on her. 11. This Court accordingly imposes an imprisonment Sentence on of twenty-five (20) years to run from the 16th November 2022. 12. The convict shall be entitled to the prison remission should he be of good conduct while serving the sentence. 13. The convict have a right to Appeal within 14 days It is so Ordered. DATED, SIGNED AND DELIVERED AT BUSIA ON THIS DAY OF 15TH DAY OF MAY, 2026 .......................... MOHOCHI S.M PRESIDING JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7005/eng@2026-05-15 2
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