A 51-year-old man has been sentenced to life imprisonment by
the High Court in Kakamega for the murder a 16-year-old boy with mental
challenges.
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Justice A C Bett, described the offender as unremorseful and a habitual criminal.
Isaih Matukho Okhola, who had been in custody since 2023, was found guilty of murder.
The court heard that the victim, a vulnerable child, was taken advantage of by the accused, who had a history of substance abuse, truancy and petty criminal activities within his village.
Justice Bett weighed the aggravating and mitigating factors, including a pre-sentence report that painted a grim picture of the accused’s character.
The Probation Officer found that Okhola remained “largely disconnected from his family and community over an extended period”.
Further, the officer noted that he “denied committing the offence even after the conviction and did not demonstrate remorse but pleaded for leniency.”
The officer also pointed out that the accused had a previous custodial sentence for stealing in 2007 and that his prolonged unexplained absence from home meant his family could not account for his activities.
The pre-sentence report had raised concerns about Okhola’s means of livelihood, suggesting “possible reliance on informal or unlawful sources of income,” and his history of delinquent peer associations.
Okhola dropped out of school in Class 3 and engaged in substance abuse from an early age.
Witnesses also pointed to the accused’s character.
The victim’s family told the court they “experienced significant emotional and psychological distress following the loss of their son and hoped that justice would take its full course.”
The area Chief and Assistant Chief described Okhola as “a habitual offender with a history of substance abuse and criminal activities, particularly theft,” and reported that after committing the offence, he evaded arrest and was harboured by peers within the village.
They said the accused was “not considered a person of good standing” and that his absence from the community had contributed to an increased sense of safety among the residents.
But defence counsel urged the court to consider a rehabilitative approach.
She submitted that Okhola “fully acknowledged the gravity and disturbing nature of the offence and the loss of a young life.”
She argued that the pre-sentence report pointed to underlying personal challenges that “may have led to the offence” and asked the court to consider counselling and rehabilitation programmes.
Conversely, the prosecution pushed for a stiffer penalty, emphasising the victim’s vulnerability.
She noted that the victim was a 16 year old boy with mental challenges ‘hence a vulnerable child whom the accused took advantage of”.
The prosecutor urged the court to consider the circumstances of the case in determining the sentence.
The court took into account the sentencing objectives of retribution, deterrence, community protection and denunciation, as outlined in the Judiciary Sentencing Guidelines 2022.
Justice Bett referenced the landmark case of Francis Karioko Muruatetu & Another v. Republic, which outlines factors for sentencing including age, character, remorsefulness and the possibility of reform.
The judge found that Okhola, who had a previous conviction, “did not express any remorse whatsoever.”
He stated; “Having carefully considered the above factors and the fact that the accused, who has a previous conviction, did not express any remorse whatsoever and having considered the age and mental status of the victim as well as the contents of the pre-sentence report, I find that a stiff custodial sentence is most appropriate for the accused.”
“Weighing all circumstances, I sentence the accused to life imprisonment. Since the accused has been sentenced to life imprisonment, the provisions of Section 333 (2) of the Criminal Procedure Code do not apply.”
