State v Omondi [2023] KEHC 25201 (KLR)

State v Omondi (Criminal Case E011 of 2023) [2023] KEHC 25201 (KLR) (9 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25201 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E011 of 2023

DO Ogembo, J

November 9, 2023

Between

State

Prosecution

and

Collins Ogutu Omondi

Accused

Ruling

1. The accused person Collins Ogutu Omondi was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that on 12/4/2023, at Siwar ‘B” village, Yenga sub-location, East Ukwala Location, Ugenya Sub County within Siaya County, he murdered one Jenipher Owegi. However, before this case could be heard, the defence and the Prosecution sides entered a Plea bargain agreement. The charges of the accused were accordingly reduced to that of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.

2. The accused has pleaded guilty to the lesser charge of Manslaughter and has been convicted of the same. When given the opportunity to mitigate, the accused has raised the following factors for consideration: -i.That he is a first offender,ii.That the offence was committed out of reasonable provocation,iii.That he had no malice,iv.That he has saved court’s time by entering the plea bargain,v.That he is the breadwinner of his family,vi.That he has had time to rethink his actions and is remorseful. He prays for leniency.

3. The Prosecution has not responded to the mitigation of the accused.

4. This court, on its motion called for a probation officer’s Pre-sentence report. The report has duly been filed herein. Salient in the report are the following:1. That the accused was married to the deceased in 2011 and the two had 2 children.2. That he is a ccc patient on medication.3. He uses alcohol.4. That the deceased, while drunk, provoked the accused.5. That upon committing the offence, the accused fled to Nairobi and sought refuge from a relative,6. That the accused is well known to be violent in the village. He is combative and agile, he listens to no one.7. He is still unapologetic while in custody and verbally assaults family members especially one of his sisters.8. His children have been taken by their maternal grandmother, who also buried the deceased.9. He has been ex-communicated from the village and cannot be re-integrated back to the community.

5. In the opinion of the probation officer, the accused is suited for rehabilitation in a correctional facility.

6. I have considered the circumstances of this case. I have also considered the mitigation raised by the accused and the Pre-sentence Report (Social Inquiry Report) filed herein. I am convinced that the aggravating factors herein far outweigh the mitigating factors raised by the accused. I am further convinced that the accused deserves a custodial sentence that would accord him opportunities to acquire tertiary courses and full rehabilitation.

7. In the circumstances, I sentence the accused to serve 25 years imprisonment. This term shall run from 24-4-2023, when he was first arraigned in court.

8. Right of Appeal 14 days explained to the accused.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE9. 11. 2023COURT:RULING READ OUT IN OPEN COURT IN PRESENCE OF THE ACCUSED, MS. AKINYI FOR ACCUSED AND MR. KUBEBEA FOR STATE.D.O. OGEMBOJUDGE9. 11. 2023