Republic v Omondi alias Rambo [2024] KEHC 8122 (KLR)

Republic v Omondi alias Rambo (Criminal Case E007 of 2022) [2024] KEHC 8122 (KLR) (29 February 2024) (Sentence)

Neutral citation: [2024] KEHC 8122 (KLR)

Republic of Kenya

In the High Court at Migori

Criminal Case E007 of 2022

RPV Wendoh, J

February 29, 2024

Between

Republic

State

and

David Omondi alias Rambo

Accused

Sentence

1. I have considered the fact that accused pleaded guilty to the offence of manslaughter and did not waste the court’s time. He was treated as a first offender. I have also considered his plea in mitigation that he is remorseful, that he was intoxicated at the time he committed the offence and did not appreciate the consequences of his actions . That he has three (3) children in school and has no wife, having separated earlier; that he is the sole bread winner of the family; promises to change his behaviour and will manage alcoholism and lastly, that he has scabies and is likely to infect others in prison.

2. I have taken into account the pre-sentence report; the victim’s family are yet to come to terms with what happened to the deceased. A young life was lost. Accused had been in remand since his arrest and arraignment in court on 18/5/2022.

3. I take into account the fact that the accused was armed as if he was prepared for the attack. In my view, a custodial sentence is preferred. I hereby sentence Accused to 10 (ten) years imprisonment. The sentence will commence on 18/5/2022. Rights of appeal fourteen (14) days.

DELIVERED, DATED AND SIGNED AT MIGORI THIS 29TH DAY OF FEBRUARY, 2024. R. WENDOHJUDGEIn presence of; -Mr. Oimbo for the stateAppellant PresentMs. Emma / Phelix –Court Assistant