Republic v Charles Lombo Osewe [2015] KEHC 4243 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMA BAY

CRIMINAL(MURDER) CASE NO.  7  OF  2013

BETWEEN

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

AND

CHARLES LOMBO OSEWE ……………………………......….. ACCUSED

SENTENCE

The accused was initially charged with the murder of SOSPETER  WANDERE  OTIENO which occurred on 6th May 2012 at Rabwora village, Rangwe District, He has now pleaded guilty to the offence of manslaughter.

The brief facts of the case were that on the material day he had been drinking with the deceased and others and after leaving the chang’aa den, he had a fight with deceased over a phone and money.  He hit the deceased with a rungu and as result the deceased died.  The accused was arrested at a chang’aa den on the next day.

I have considered the facts of the case and the accused personal circumstances.  He is aged 27 years old with two children who stay with his aged mother.  The evidence as it emerged at the hearing is that of a young man who likes drinking.  He has been in custody since the year 2012.

I think a term of imprisonment that recognizes the loss of life and gives him an opportunity to reform is appropriate.  I therefore sentence him to four (4) years imprisonment.  Such time of imprisonment to take into account the time he has been in custody.

DATED and DELIVERED at HOMA BAY on 1st July 2015

D.S  MAJANJA

JUDGE

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

Mr Odero instructed by Odero Osiemo and Company Advocates for the Accused.