The Director of Public Prosecutions (DPP) has secured a 12-year jail term for a Kisumu man following his conviction for the manslaughter of his wife of 18 years.
At the High Court in Kisumu, Hon. Justice Joe Omido issued the custodial sentence to Jared Otieno Otieno for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
The prosecution had charged Otieno with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 Laws of Kenya.
The court heard that on diverse dates between 9th and 10th November, 2022 at Nyalenya village, Muhoroni Sub-County within Kisumu County, Otieno murdered Caroline Aoko Onyango.
During judgment, Justice Omido said Prosecution, led by Prosecution Counsel Ms. Mercy Mutheu Muema had proven beyond reasonable doubt that the deceased died from blunt force trauma on the head after unlawful assault by the convict causing her injuries that led to her death.
The court was, however, convinced that the convict did not act maliciously.
Ms. Muema in submitting the aggravating circumstances told the court that the deceased was a young woman whose four children had been psychologically affected and living in distress following the untimely loss of their mother.
She faulted the convict for failing to protect his family and that the deceased’s death occurred due to gender-based violence meted by her spouse urging the court to impose a custodial sentence.
“Having considered the aggravating and mitigating circumstances in their totality, I find the aggravating circumstances outweigh the mitigating circumstances to an extent that it makes a custodial sentence necessary,” said Justice Omido in his sentencing.
Accordingly, Otieno was sentenced to twelve years imprisonment for the offence of manslaughter with the sentencing running from 23rd November 2022 being the first day the convict was remanded in custody.
