Republic v Michael Otieno Wasonga [2020] KEHC 5395 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL CASE NO. 4 OF 2019

STATE...............................................PROSECUTION

VERSUS

MICHAEL OTIENO WASONGA.........ACCUSED

SENTENCE

1. I have considered the mitigation by Mr. Ochanyo and the accused person.

2. The deceased died a very painful death.  There was no evidence of provocation.  Every person has a right to live and no person has any right to deprive another of life.

3. The accused is a cold blooded murderer due to greed for very minute things like chicken and a mobile phone.  He does not deserve the mercy of the court.  The dead too deserve justice.

4. Section 204 of the Penal Code provides for death sentence but as said sentence is not mandatory, I exercise discretion and sentence the accused person to serve life imprisonment.

5. Right of Appeal is 7 days of today explained.

6. Orders accordingly.

Dated, signed and Delivered at Siaya, this 4th Day of May, 2020 via skype.

R.E. ABURILI

JUDGE