Case ID:159166

Republic v Joshua Okoth Odera & another [2020] eKLR

Case Metadata

Case Number:

Criminal Case 21 of 2017

Parties:

Republic v Joshua Okoth Odera & William Ochieng Wango

Date Delivered:

05 May 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Sentence

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Republic v Joshua Okoth Odera & another [2020] eKLR

Court Division:

Criminal

County:

Siaya

Case Outcome:

Accused sentenced to death.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL CASE NO. 21 OF 2017

STATE......................................................................PROSECUTION

VERSUS

JOSHUA OKOTH ODERA.....................................1

ST

ACCUSED

WILLIAM OCHIENG WANGO............................2

ND

ACCUSED

SENTENCE

1. I have considered the mitigation by the accused person

JOSHUA OKOTH ODERA

and his counsel.

2. I have noted that the accused is a first offender. However, the manner in which the accused person butchered the deceased until only her bones could be found scattered all over and buried in a shallow grave is harrowing.

3. The accused appears to have been a wild animal who must have fed on the flesh of the deceased. He is a cannibal to say the least. Live and let live. He does not deserve the mercy of the court.

4. Despite the Francis Muruatetu v Republic [2019] e KLR decision which is to the effect that mandatory death sentence is unconstitutional, nonetheless, in this case, the accused has been accorded an opportunity to mitigate which mitigations I have taken into account. Article 26 of the Constitution allows this court to mete out death sentence where appropriate.

5. The mitigation by the accused are noted but his suffering cannot be equated to the pain the deceased must have gone through when she was butchered like a cow before she breathed her last.

6. For the above reason, I have no alternative but to impose death sentence on the accused person. I hereby sentence the accused person,

Joshua Okoth Odera

to suffer death as stipulated in Section 204 of the Penal Code.

7. Right of Appeal 7 days of today.

8. Orders accordingly.

Dated, signed and Delivered at Siaya, this 5

th

Day of May, 2020 via skype.

R.E. ABURILI

JUDGE