Man Sentenced to Death for Murdering Son, Wife and Two Others

The Office of the Director of Public Prosecutions (DPP) has secured a death sentence against a man convicted of murdering his seven-year-old son, wife, uncle and a neighbour in Kisumu County.

The High Court in Kisumu convicted Shem Akuku Otieno, alias Daddy, of four counts of murder after Justice Joe M. Omido found him guilty of the offences.

Otieno faced charges of murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63, Laws of Kenya.

Prosecutor Mercy Mutheu Muema led the State’s case and proved the charges against Otieno. He later changed his plea and admitted to all four murder counts before the court.

The DPP said the prosecution presented evidence showing how Otieno killed four people, including his young son, at Wagunga Village in Nyangoma Location, Muhoroni Sub-County, Kisumu County.

Death Sentence Ruling Follows Details of Fatal Attacks

The court also heard details of how Otieno attacked the victims before he fled and later surrendered to police after members of the public attempted to attack and kill him without trial.

“The court heard that on 24th February, 2024, at about 7:00 p.m., at Wagunga Village in Nyangoma Location, Muhoroni Sub-County, within Kisumu County, Otieno murdered his seven-year-old son, Joseph Ouma Akuku, by cutting him with a panga,” the DPP stated

Further, the DPP stated that Otieno attacked his 26-year-old wife, Emily Adhiambo Akuku; his 74-year-old uncle, Thomas Odula Nyameche; and an ailing 56-year-old neighbour, Mary Kuya Otieno, killing all three.

Sister Escapes Attack as Otieno Flees

The court also found evidence showing that Otieno attempted to attack his sister, Monica Atieno. She escaped after Otieno fell while pursuing her.

After the killings, Otieno fled and hid in a nearby sugarcane plantation and later surrendered to police after he realised that angry members of the public wanted to attack and kill him without trial.

Initially, Otieno pleaded not guilty to all four counts after the court assigned him to receive free legal help during the proceedings.

However, he later informed the court, in the absence of his advocate, that he wanted to change his plea.

“I want to tell the court that I killed the four deceased persons. I want to plead guilty to all the four counts,” Otieno told the court.

Although the court warned him several times that murder carries the death penalty as the maximum sentence, Otieno maintained his decision and confirmed that he understood the consequences.

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Court Finds Case Warranted Death Sentence

During sentencing, the court reflected on the value of human life and quoted poet John Donne’s Meditation XVII.

“Any man’s death diminishes me, because I am involved in mankind,” it stated.

Justice Omido said the case involved the deliberate killing of four people at different locations through deception and an abuse of family trust.

The judge found that the circumstances of the case placed it among exceptional situations that warrant the death sentence, despite Otieno’s guilty plea and status as a first offender.

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Justice Omido also cited the Supreme Court decision in Francis Karioko Muruatetu & Another v Republic [2017] eKLR.

He noted that although the court declared the mandatory death sentence unconstitutional, judges can still punish in exceptional cases.

Man Given 14 Days to Appeal

The court sentenced Otieno to death for murdering his son and issued similar death sentences for killing his wife, uncle and neighbour.

The court will hold the additional sentences in abeyance as long as the sentence for murdering his son remains in force.

Muema welcomed the decision, saying justice had been served and conveyed condolences to the families of the four victims.

The court granted Otieno 14 days to appeal the decision.

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Photo of the Office of the Director of Public Prosecutions building in Nairobi. PHOTO/ DPP