State v Ogombe [2022] KEHC 12320 (KLR)

State v Ogombe (Criminal Case E015 of 2021) [2022] KEHC 12320 (KLR) (29 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12320 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E015 of 2021

RE Aburili, J

June 29, 2022

Between

State

Prosecution

and

Stanley Musungu Ogombe

Accused

Ruling

1. I have considered the mitigations and circumstances under which the harmless innocent child was decapitated gruesomely by the accused person who is not remorseful at all.

2. I have also considered the principles and objects of sentencing as espoused in the Francis Muruatetu &anotherv Republic [2017] eKLR case. I am in agreement with the prosecution that the only suitable sentence for the accused is death as he has not demonstrated any remorse for the murder of an innocent life.

3. I hereby sentence the accused person Stanley Musungu Ogombe to suffer death as stipulated in section 204 of the Penal Code for the gruesome murder of Bravin Ochieng Obonyo.

4. Right of Appeal 14 days to the Court of Appeal explained.

5. File is closed.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 29TH DAY OF JUNE, 2022RE ABURILIJUDGE