Mother's plea fails to save duo from jail for murder of sibling

A court has sentenced two siblings to 25 years in jail each for killing their brother.

The court set aside the mother’s plea to spare her two children a custodial sentence, and sent the duo to prison.

Janet Oyoso, whose son was killed on allegations of stealing a bicycle, had expressed to the court that she would suffer double tragedy should her children, convicted of the murder of their brother, would be sent to prison.

In a pre-sentencing report filed on October 3, 2023, Mrs Oyoso said she was yet to heal from the death of her son a year ago. Subjecting her other children to a custodial sentence would hurt her more, she told the court.

“The mother of the convicts and the dead man prays for leniency (on her two children convicted of murder), saying that the murder robbed her of a son, and custodial sentences would take away her other two children,” reads the report filed by the Busia probation department.

The report recommended a non-custodial sentence for the two, characterizing the dead man as one who the community held as having “an undesirable character”.

Justice William Musyoka said however favourable, the probation report was not binding to the court in the face of the gruesome crime that had been committed by the two convicts, Sabina Odhiambo and Geoffrey Ouma.

He also observed that the character of the deceased, Collins Owino, was one to be checked through the justice system and not in an extrajudicial fashion.

Musyoka said if Owino had indeed committed a crime or had offended anyone, as claimed by the convicts, the proper thing should have been to report the matter to the police, and to leave it to them to investigate, gather evidence and prosecute him.

“The evidence that was placed before the court was that of individuals who set out in search of Owino, having suspected him of committing theft of a bicycle. They went to his home, flushed him out, and set upon him with weapons,” he said.

“This is about the killing of a human being. Human life is sacred and ought not to be terminated unlawfully like what happened in this case, even where the victim is considered undesirable in society. Senseless killing, such as in this case, should be dealt with the firmness it deserves.”

He said a person who kills intentionally should pay back for his wrongdoing and a non-custodial sentence would not suffice.

“The penalty prescribed by the law for murder is mandatory death. That is what is in the Kenyan statutes. However, the Supreme Court recently ruled that mandatory death sentences were unconstitutional, and directed that trial courts ought to be given room to consider whether to award the death penalty prescribed or some other lesser sentence,” said Musyoka.

“In the circumstances, I shall sentence the convicts to serve a custodial sentence, of 25 years imprisonment each, effective from the date of conviction.”

Ms Odhiambo and Ouma were convicted on July 28, 2023, of the murder of their blood brother Owino which happened on January 13 last year.

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