Skip to document content Go to main menu Go to search

Republic v Abuto (Criminal Case E023 of 2024) [2025] KEHC 7516 (KLR) (28 May 2025) (Sentence)

Republic v Abuto (Criminal Case E023 of 2024) [2025] KEHC 7516 (KLR) (28 May 2025) (Sentence)
Citation
Republic v Abuto [2025] KEHC 7516 (KLR)
Media Neutral Citation
[2025] KEHC 7516 (KLR)
Court
High Court
Court station
High Court at Homa Bay
Outcome
Sentenced
Case number
Criminal Case E023 of 2024
Judges
OA Sewe
Judgment date
28 May 2025
Language
English
Type
Judgment
Original source file
Download DOCX (21.8 KB)
Collections
Date published
10 June 2025
Case action
Sentence
Court division
Criminal
Filing county
Homa Bay
Order
Thus, having taken all the foregoing factors into account, particularly the circumstances in which the offence was committed, the accused, Allan Ouma Abuto, is hereby sentenced to imprisonment for a period of 30 years.
Skip to document content
1.Section 204 of the Penal Code stipulates that any person convicted of murder shall be sentenced to death. However, at paragraph 2.3.13 of the Judiciary Sentencing Policy Guidelines, 2023 it is suggested that:“Where the option of a non-custodial sentence is available, a custodial sentence should be reserved for cases where the offence is so serious that neither a fine nor a community sentence can be justified. The length of that sentence will depend on the maximum penalty allowed by law and the seriousness of the offence and other factors set out in Part V. The court should bear in mind the high rates of recidivism associated with imprisonment and seek to impose a sentence that is geared towards achieving the sentencing principles and objectives set out in Part I.”
2.The accused addressed the Court in mitigation through his counsel. It was indicated that he is a first offender; and that he is remorseful for the offence and has apologized to his family. His counsel further told the Court that the accused has a young family to care for and that he did not intend to kill his younger brother.
3.The Court called for a Pre-Sentence Report as well as a Victim Impact Assessment Report. The two reports show that, although the accused is a first offender, the family is opposed to his being given a non-custodial sentence. The reports reveal that he has threatened harm to his mother on several occasions; and that the incident caused trauma to the mother and siblings of the accused, to the extent that they are now fearful for their lives because. It was further indicated that while in custody, the accused threatened to kill all those of his family members who would testify against him. The Pre-Sentence Report further shows that the community members are likewise hostile to his return and are not ready to receive him back because of his quarrelsome habits. Moreover, it was indicated that his own life might be at risk should he be given non-custodial sentence.
4.Thus, having taken all the foregoing factors into account, particularly the circumstances in which the offence was committed, the accused, Allan Ouma Abuto, is hereby sentenced to imprisonment for a period of 30 years.
It is so ordered.DATED, SIGNED AND DELIVERED IN OPEN COURT AT HOMA BAY THIS 28TH DAY OF MAY 2025OLGA SEWEJUDGE
▲ To the top