Director of Public Prosecution v Okumu (Criminal Case E130 of 2021) [2025] KEHC 13719 (KLR) (1 October 2025) (Sentence)
Neutral citation:
[2025] KEHC 13719 (KLR)
Republic of Kenya
Criminal Case E130 of 2021
S Mbungi, J
October 1, 2025
Between
Director of Public Prosecution
Republic
and
Vincent Simiyu Okumu
Accused
Sentence
1.The accused person was initially charged with Murder Contrary to section 203 as read with the section 204 of the Penal Code.
2.The particulars of the charge are that on 21st day of August,2021 in Shamberere village, Shamberere Sub- Location, in Kakamega North Sub-County within Kakamega County, murdered Betty Shiro Kuranya Wakhungu (the deceased).
3.This court in its judgement dated 13th March 2025 analyzed the prosecution and the defence evidence and witnesses found that the accused person was guilty of the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
4.The prosecution case was extensively heard by Justice W.M Musyoka on 18th January 2023 for PW1, PW2 &PW3 and on 21st March 2023 Judge Chirchir heard PW4, PW5, PW6, PW7& PW8 and also the defence case. After analyzing the prosecution and also the defence evidence and witnesses Judge Chirchir found that the accused person was guilty of the offence of murder. Mine is to pass the sentence.
5.I have carefully gone through the record I am fully sized with the facts of the case therefore well-grounded to met the sentence I am about to.
6.Section 204 of the Penal Code provides that a person convicted of murder shall be sentenced to death however the mandatory nature of the death penalty has been outlawed by the Supreme Court in the case of Francis Muruatetu & Another V Republic [2017] eKLR in which the Court while retaining the death sentence found that its mandatory nature was unconstitutional and for this sentence had this to say: -
7.In his mitigation, the accused prayed for leniency. He said he was genuinely remorseful for his actions and expressed deep regret over the tragic loss of life. He is of good character, a family man , father of six children, soul provider to the family and a first time offender.
8.A pre-sentence report dated 01.07.2025 was presented to the court. According to the report the accused is pro-social stable, and free from criminal influence. There were no intergenerational patterns of offending or criminogenic vulnerabilities arising from family dysfunction, substance abuse or economic delinquency. Criminogenic needs analysis revealed that the offenders primary risk factors were situational rather than habitual.
9.I have considered the social inquiry report, the accused’s mitigation and also submissions by the state.
10.Under the Judiciary sentencing Policy guidelines, the objectives sentencing are: -i.Retribution: To punish the offender for his/her criminal conduct in a just manner.ii.Deterrence: To deter the offender from committing a similar Offence subsequently as well as to discourage other people from committing similar offences.iii.Rehabilitation: To enable the offender reform from his criminal disposition and become a law abiding person.iv.Restorative Justice: To address the needs arising from the criminal conduct such as loss and damages. Criminal conduct ordinarily occasions victims', communities' and offenders' needs and justice demands that these are met. Further, to promote a sense of responsibility through the offender's contribution towards meeting the victims' needs.v.Community Protection: to protect the community by incapacitating the offender.vi.Denunciation: To communicate the community's condemnation of the criminal conduct.
11.The Supreme Court in Francis Karioko Muruatetu & Another vs Republic, Petition No. 15 of 2015, as a guide in sentencing held that:
12.In considering the appropriate sentence in this case, this court must carefully weigh both aggravating and mitigating factors. The court must balance the accused's personal circumstances, society's interests, and the nature of the crime including the circumstances of its commission. The accused stabbed the deceased forcefully to the thigh and she bled to death The medical evidence from the post mortem report reveals that the deceased suffered external excess blood loss from the stab wound.
13.l also note that the accused is a first-time offender with a possibility of reforming and being rehabilitated.
14.The offence of murder carries the death penalty; however, considering both the gravity of the offence and the need to protect society, while still leaving room for the accused person's rehabilitation, I hereby sentence the Accused to twenty five(25) years in prison.
15.The sentence to run from the date of this Judgement.
16.In compliance with Section 333(2) of the Criminal Procedure Code, the sentence term shall be less 1 month the time the accused spend in remand during trial ( he was arrested on 21.8.2023 and released on 23.9.2023) and also 6 months he spend in remand pending the sentencing ( the judgment was read on 13.3.2025 and the sentence was passed on 1.10.2025)
17.Right of appeal 14 days explained.
DATED SIGNED, AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 1ST DAY OF OCTOBER, 2025.S.N. MBUNGIJUDGEIn the prescence of;Applicants’ Counsel, absentC/A: Angong’aAccused, absent.Ms Osoro for ODPP present online.