A man who killed his 19-year-old fiancée in a lodging in Migori will now serve 25 years in jail instead of death sentenced.
A judgment by judges Otieno Odek, Asike Makhandia and Paul Kiage reduced Enock Akoko’s death sentence after his successful appeal.
The judges noted that much as the appellant claims not to have been responsible for the death, the circumstantial evidence points irresistibly to him committing the crime and nobody else.
“We have duly considered and pondered over these rival submissions. We have borne in mind the circumstances under which the offence was committed, the age of the appellant, who was said to be 35 years, mitigation by the appellant, which showed he was remorseful, period spent in custody which is about five years and the fact that he was a first offender."
" We think that the sentence that best commends to us is a custodial one. Accordingly, whereas we dismiss the appeal on conviction, we nonetheless allow the appeal on sentence. In lieu of the death sentence, the appellant shall serve imprisonment term of 25 years effective from November 16, 2015,” the judges ruled.
Akoko had been charged that on the night of September 19 and 20, 2014 at Highway Complex Lodge in Migori Township he murdered Janet Awuor Paulette.
He was convicted and sentenced to death.
Akoko appealed on grounds that the trial court erred in law in convicting him and relying on the evidence of a single witness
He added that prosecution evidence was contradictory and inconsistent.
The prosecution said September 20, 2014, Awour, who was a student at Masai Mara University, travelled to Migori town with her boyfriend and spent the night with him at Highway Complex Lodge, in Migori town.
The manager of the lodge, Beatrice Akoth, who also testified, was on duty that morning.
She said part of her morning chores included confirming that the rooms that had been occupied the previous day and those that had not.
On the way to her office, she smelt a foul smell from one of the rooms. On reaching room 228, the foul smell became stronger. She also noticed flies on the door to the said room. She immediately called the receptionist.
The receptionist, Judith Otieno, testified that a man, who had only identified himself as Otieno O. had booked the room on September 19, 2014.
When asked for his identity card, he told her that he had forgotten it but he gave her the ID number and mobile phone number. He stayed in the room for three days and paid Sh600 for each.
On Monday, September 22, 2014 at about 7.30am, Otieno O. told her that he was going out to look for money to pay for the day. However, he did not come back and she did not see him again.
She duly identified Otieno O. as the person who had booked room 228. That Otieno O. was the appellant.
They peeped into the room and noticed women's shoes and a bag on top of the table.
Akoth called watchman Norbert Mwangi who got to the room and confirmed there was a dead body.
Both witnesses said they saw the body covered up to the neck lying on her back facing the wall.
“When the police came later in the day, they saw items being removed from the room including a black leather bag, a syringe and bottle of what looked like quinine. The black bag contained the identity card of the deceased. The police took away the body and bedding,” the judgment reads.
Dr Jared Ndege conducted a post mortem and noted a penetrative wound on the right anterior side of the neck, blood in the chest cavity resulting from the wound, which caused bleeding in the lung.
He also noted that the uterus had pus in the ovaries and tubes. He certified the cause of death as severe bleeding in the chest cavity caused by a penetrating lung injury.
Chief inspector Evans Sang, the Migori deputy DCIO investigated the case.
He visited the scene and found the deceased's personal effects and a note on white tissue paper that read: “Pastor Moses Akoko, Migori Central SDA Church, Moses Akoko Dudi”.
He went to Migori Central SDA church where he was direct to Akoko's homestead. The pastor confirmed that Otieno O was his son but he was not in the house.
He told the officer that on the previous day, his son had brought a woman home, had supper and left, saying they were going to spend the night in town.
Akoko in his defence testified that on the fateful day he went for eye treatment and thereafter went to his house. However, police officers came to the house and informed him that he was wanted at Migori police station.
He denied the woman but admitted the deceased was his fiancée.
Although he knew where the lodge was, he denied sleeping there at any time.
