The High Court in Kisumu has sentenced a 30-year-old man to death after he pleaded guilty to murdering his wife, seven-year-old son and two relatives in a brutal attack that shocked residents of Muhoroni Sub-county.
Justice Joe Omido, Monday, handed down the sentence to Shem Akuku Otieno, also known as “Daddy”, after finding that the killings were aggravated by the relationship between the accused and the victims and the circumstances under which the offences were committed.
The four victims were identified as Otieno’s wife, Emily Adhiambo Akuku-26, his seven-year-old son- Joseph Ouma Akuku, his uncle- Thomas Odula Nyameche, 74, and neighbor; Mary Kuya Otieno,56. The murders occurred on February 24, 2024, at Milenya Village in Muhoroni Sub-county, Kisumu County.
The gruesome killings stunned the close-knit rural community, with residents expressing shock that four members of the same family had lost their lives in a single incident.
The tragedy drew widespread public attention and left relatives and neighbours struggling to come to terms with the devastating loss.
Court records showed that although the accused initially denied the four counts of murder, he later changed his plea and admitted responsibility for the killings. Before entering the guilty plea, the Court ordered a psychiatric assessment, which found him mentally fit to stand trial. He was subsequently convicted on his own plea of guilty.
In mitigation, the Court considered that Otieno was a first offender and had pleaded guilty, thereby, sparing the victims’ family the emotional burden of a lengthy trial. However, Justice Omido ruled that those mitigating factors were outweighed by the gravity of the offences.
The Judge observed that the accused had breached the trust reposed in him by murdering members of his own family, including his wife and young son, before attempting to conceal the crimes.
The Court further noted that the killings had caused immense suffering to the victims’ family and traumatized the wider community.
Justice Omido sentenced Otieno to death on all four counts of murder. In line with the law, the death sentence on the first count will take effect, while the remaining three death sentences will remain in abeyance (Suspended).
The Court also noted that throughout the proceedings, the accused declined legal representation and chose to conduct his case without the assistance of an advocate. He was informed of his right to appeal the sentence within the prescribed period.
Kenya still has the death penalty in its written laws for crimes like murder, treason, and robbery with violence. However, the country has an active practice of not carrying out executions, with the last execution occurring in 1987.
The Supreme Court of Kenya ruled in 2017 that an automatic or mandatory death sentence for murder is illegal, giving judges the choice to use other punishments.
In a separate matter before the High Court in Kisumu, eight suspects who had been arrested in connection with the violence that erupted Stephen’s ACK Church in Kisumu Church on July 12, 2026 were on Monday released from custody.
Senior Resident Magistrate, Valery Adhiambo, ordered the suspects’ immediate release after the prosecution informed the Court that investigations had been completed and no charges had been filed against them.
The State acknowledged that there was no legal basis for their continued detention, prompting the Court to close the case.
The suspects had been arrested following the church violence, during which two people died, two vehicles and several motorcycles were damaged.
Leaders of the Linda Mwananchi Movement, including Siaya Governor, James Orengo and Nairobi Senator Edwin Sifuna, had attended the service at the Church when the violence erupted between two groups of armed youths.
The suspects were facing charges of preparation to commit a felony, going armed in public and multiple counts of malicious damage to property, after allegedly causing violence and damaging several motorcycles during the incident.
Following the ruling, leaders of the Linda Mwananchi Movement who were in Court led by Governor Orengo, welcomed the suspects’ release, describing the arrests as politically motivated.
They called for independent investigations into the church attack and urged authorities to identify and prosecute those responsible, while upholding the rule of law and protecting the constitutional rights of all citizens.
By Mabel Keya – Shikuku and Mercy Auma
