Republic v Calvins Onunga Otina [2015] KEHC 4242 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMA BAY

CRIMINAL CASE NO.  31  OF  2014

BETWEEN

REPUBLIC …...……………………………..……………..…………..……. PROSECUTOR

AND

CALVINS ONUNGA  OTINA ………………………….………….………….. ACCUSED

SENTENCE

CALVINS ONUNGA  OTINA was charged with the murder of BEN OUMA KOGA on 6th July 2014 at Kowiti village, Rangwe Division, Homa Bay County.  He has now pleaded guilty to the offence of manslaughter after a plea –bargain.

According to the facts, the accused killed the deceased when the deceased came to his compound and started hurling abuses at him.  There was a confrontation and whereupon he cut the deceased with a panga.  He surrendered himself to Ngegu Police Post where he was arrested.

I have considered the Probation Officers report and it is clear that the community and victims family accept that the incident was unfortunate and they are ready to forgive and accept him back in the community.

The accused is aged 19 years old and he would benefit for aftercare services. I therefore commit the accused CALVINS ONUNGA OTINA for probation to KIMUMU PROBATION HOSTEL ELDORET for a period of 3 years.

DATED and DELIVERED at HOMA BAY this 1st day of July 2015.

D. S.  MAJANJA

JUDGE

Ms Andabwa, Prosecuting Counsel, instructed by the Office of the Director of Public Prosecutions for the State.

Mr Ojala instructed by P. E. Ojala and Company Advocates for the Accused.