State v Onyore [2022] KEHC 12607 (KLR)

State v Onyore (Criminal Case E036 of 2021) [2022] KEHC 12607 (KLR) (30 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12607 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E036 of 2021

RE Aburili, J

June 30, 2022

Between

State

Prosecution

and

Chrispine Omondi Onyore

Accused

Ruling

1. I have considered the circumstances under which the offence of murder herein was committed and the mitigation by the accused person. The accused person unlawfully killed his uncle with malice aforethought so that he could get the family land. That is what is clear from the evidence on record.

2. The accused is a greedy person who has no respect for life. He cannot live and let others die like dogs. He does not even show remorse and during the trial, this court observed how he was intimidating the deceased’s child, PW2 from giving evidence. He also maintains his innocence.

3. Punishment for murder is death. The accused was heartless merciless. I hereby exercise discretion and sentence the accused person herein Chrispine Omondi Onyore to serve life imprisonment.

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

5. File closed.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 30TH DAY OF JUNE, 2022R E ABURILIJUDGE