Republic v Charles Survey Manini, Richard Ombui Manini, Gilbert Makori Minyonga alias Museveni Onsando, Joseph Mandela Manini alias Tom & Samuel Kamwana Morema [2018] KEHC 690 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CORAM:  D.S MAJANJA J.

CRIMINAL APPEAL NO. 96 OF 2014

BETWEEN

REPUBLIC ...........................................................................PROSECUTOR

AND

CHARLES SURVEY MANINI............................................1ST ACCUSED

RICHARD OMBUI MANINI..............................................2ND ACCUSED

GILBERT MAKORI MINYONGA alias

MUSEVENI ONSANDO.......................................................3RD ACCUSED

JOSEPH MANDELA MANINI alias TOM........................4TH ACCUSED

SAMUEL KAMWANA MOREMA.....................................5TH ACCUSED

RULING ON SENTENCE

I have now convicted CHARLES SURVEY MANINI, RICHARD OMBUI MANINI, GILBERT MAKORI MINYONGA, JOSEPH MANDELA MANINI and SAMUEL KAMWANA MOREMA for the offence of murder which took place on 17th April 2014 at Bogitaa Sublocation Kisii South of Kisii County where they murdered DENNIS OBWOGA KEREMA.

I have taken into account the fact that they are first offenders.

The offence which they were convicted was aggravated by the fact that they acted together and took the law into their own hands and murdered the deceased.  Accordingly, I sentence each of the accused to twenty five (25) years imprisonment.  Right of Appeal explained.

Sentence pronounced in open court this 11th day of December, 2018.

D.S MAJANJA

JUDGE

Mr. Otieno, Prosecution Counsel, instructed by Office of Director of Prosecutions.

Mr. Bosire Gichana holding brief

for Mr. Sagwe for the 1st and 2nd accused.