Man murders wife, dumps body in pit latrine

World over, the purpose of sending someone who has committed a crime to prison is to ensure the offender is rehabilitated with the objective of preparing him/her to re-enter society upon completion of his jail term.

In Kenya, this is especially important after the Supreme Court in 2017, while ruling in the Francis Karioko Muruatetu and Another vs Republic, declared mandatory sentences (life and death sentences) unconstitutional.

Though the ruling was later confined to murder cases, High Court judges have in subsequent appeals for re-visits extended them to other cases including sexual offences.

Essentially, the goal of rehabilitation, which involves re-educating the convict, is to address all of the underlying root causes of crime in order to ensure inmates will be able to live a crime-free lifestyle once they are released from prison.

Reintegration often starts when the offender is arrested by preparing them to deal with life and society through prison programs and workshops

Successful reintegration requires a system of justice that is cognizant of the needs and roles of the stakeholders once a crime is committed.

But what happens when your family or society rejects one of their own and wants him jailed for life?

That is the dilemma Lady Justice Rose Ougo, sitting in Kisii, faced in the case of George Morara Oroba, who was on October 22, 2021, found guilty of murdering his wife, Jessica Moraa, and dumping her body in a pit latrine in Nyamariba, Kisii County. Morara and Orobo had four children.

According to a probation report filed on November 9, 2021, Morara, 50, was described as a nuisance, a thief, a murderer, and an extortionist in the community.

More harm to the family

"He is not suffering from any terminal disease. He drinks alcohol and abuses drugs. The home environment is not conducive to his release and rehabilitation. The family attitude is that releasing the accused will cause more harm to the family and even his life will be no more and they request for a life sentence," Lady Justice Ougo noted in her ruling while sentencing Morara on November 16, 2021.

The probation report added that the community attitude is that the accused deserved a life sentence for the safety of the Rioma people. A similar request was made by his own father.

In addition, the report indicates that the accused, who was aged 50 years, was a serial offender as per his family and community and not a first offender as his lawyer had submitted.

His brother, a police officer attached in Ngong, Nairobi, gave various crimes for which he was convicted although he could not recall the file numbers, they ranged from the year 2002 to 2016 when the one of assaulting the mother was withdrawn.

"That the deceased was his first wife and they have four children. It is recommended that the accused be given a life sentence as the community is negative about him and they vowed to lynch him if he is released," she added.

His lawyer, Mr. Kimaiyo, in mitigation, told the court that the accused was remorseful and had been in custody for over two years.

He added that during that period had learned a lot and had reformed.

"He has young children and that the said children and his other wife depend on him. That he is suffering from a terminal disease and seeks a lenient sentence," Kimaiyo added.

Lady Justice Ougo, however, noted that an innocent life was lost and that Morara was determined to cause grievous harm to the deceased which led to her death.

"He thereafter disposed of the body by burying it in a pit latrine. The accused is said to be a nuisance and of bad conduct both in his home and the community. His relatives want nothing to do with him. The probation report details his conduct and recommends a life sentence," she added.

Punishment for murder is death

"I have taken into account the following the circumstances that lead to the death of the deceased, the time the accused has been in custody, the decision of the Supreme Court in Francis Karioko Muruatetu & Anor v Republic (2017) e KLR, the mitigating factors submitted by counsel, the Probation officer's report incorporating the attitude of the offender and that of the community and the victim's family and the Judiciary Sentencing Policy Guidelines.

"Punishment for a person convicted of murder is death. In my view, a non-custodial sentence is not suitable. Though it is stated that the accused suffers from a terminal illness there was no proof of such an illness," Lady Justice Ougo further said.

She subsequently sentenced Morara to serve 40 years imprisonment from the date of sentence.

By the time he completes his sentence, assuming he never appealed and that such an appeal will in any event succeed, Morara would be 70 (if he does not benefit from presidential clemency of mercy) when he steps out of the prison gates. This is because both days and nights are counted independently.

Will his family and society then embrace him? Kenya is replete with cases where criminals are rejected by society and their own families upon release from society. They lead lonely and miserable lives away from home. Some are even lynched.