A grave-digger who killed his colleague during a night fight beside a grave they were digging in Ungunja, Siaya County, has been set free by the Court of Appeal following a successful appeal. Oluoch had argued that Justice James Makau failed to put into consideration various mitigating factors thus meting out an excessive sentence. The appellate judges even pointed out that the High court colleague failed to put into consideration the probation report and Oluoch’s mitigation and set Oluoch free unconditionally. Oluoch had submitted that Makau ignored various mitigating factors which would have led him to give him a lesser sentence. It is during sentencing that the court hears submissions that impact on sentencing.

Source: Daily Nation March 24, 2021 12:56 UTC