Republic v Paul Omondi Odongo [2019] KEHC 5913 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL CASE 22 OF 2016

(CORAM: HON. R.E.ABURLI – J)

REPUBLIC.........................................................................PROSECUTION

-VERSUS-

PAUL OMONDI ODONGO........................................................ACCUSED

SENTENCING

[For murder reduced to manslaughter]

1. On 12th March 2019 the accused herein PAUL OMONDI ODONGO was found guilty and convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. The Court then reserved sentence to await previous records. I have considered the mitigation by the accused person and the fact that he is a first offender.

2. I have also considered the circumstances under which the offence of manslaughter was committed by the accused person.  I have given equal consideration to the fact that the accused person has been in remand since 5. 1.2012 when he was arrested and the fact that this case first started in Kisumu High Court in 2012 before it was transferred to this Court in 2016.

3. The accused person has been in remand for 7 years and 6 months awaiting trial.  In my humble view, the accused person has learnt his lesson in prison awaiting trial.  The maximum sentence upon conviction for Manslaughter as stipulated in Section 205 of the Penal Code is life imprisonment.

4. However, this Court has judicial discretion in sentencing as stipulated in Section 24 of the Penal Code considering the mitigation and the fact that a precious life was lost but that no amount of punishment can revive a dead person and the accused person who is now 28 years with nearly 8 years spent in prison, I hereby sentence him to the term already served in prison.

5. Accordingly, I order that the accused person Paul Omondi Odongo shall be released from prison forthwith unless otherwise lawfully held.

6. Orders accordingly.

Dated and Delivered in open Court at Siaya this 26th Day of June 2019

R.E. ABURILI

JUDGE

In the presence of:

Mr. Okachi Senior Principal Prosecution Counsel for the State

The accused person present

Court Assistants Brenda/Modesta