[2019] KEHC 5955 (KLR)
The court found that while the original 20-year sentence for manslaughter was lawful, it was excessive given the appellant's guilty plea, remorse, and the circumstances outlined in the probation report. The court emphasized the importance of protecting life and the need for a custodial sentence to address the...
Source-derived case information.
- Citation
- [2019] KEHC 5955 (KLR)
- Parties
- Appellant: Michael Omondi Owaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 2018
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- sentence reduced on appeal
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty, Judicial Discretion, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Omondi Owaga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the 20-year custodial sentence for manslaughter was excessive in light of the appellant's guilty plea and mitigating circumstances.
- 2 Whether the trial court exercised its sentencing discretion appropriately.
Ratio Decidendi
The court found that while the original 20-year sentence for manslaughter was lawful, it was excessive given the appellant's guilty plea, remorse, and the circumstances outlined in the probation report. The court emphasized the importance of protecting life and the need for a custodial sentence to address the appellant's violent behavior and alcohol abuse. However, exercising judicial discretion, the court determined that a reduced sentence of 5 years imprisonment was appropriate to balance the interests of justice, deterrence, rehabilitation, and the mitigating factors present in the case.
Court Disposition
sentence reduced on appeal
Orders
- The 20-year prison sentence imposed by the trial court is set aside and substituted with a prison term of 5 years, to be calculated from 8/11/2018.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 65 OF 2018
(CORAM: HON. R.E. ABURILI - J)
MICHAEL OMONDI OWAGA.................................APPELLANT
VERSUS
REPUBLIC...............................................................RESPONDENT
(An appeal against sentence from Judgment delivered on 8/11/2018 vide Siaya PM’s Court
in Cr. Case 1078 of 2018 before Hon. T.M. Olando, SRM)
JUDGMENT OF THE COURT
1. The Appellant Michael Omondi Owaga was convicted of the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. This was on 8/11/2018 by Hon. T.M. Olando, SRM, Siaya. He was sentenced to serve 20 years imprisonment, after he pleaded guilty to the charge and facts as read out to him by the Prosecution.
2. A Probation Officer’s Pre-sentencing Report was filed in court by Odumba O. David. It is dated 8. 11. 2018.
3. According to the Probation Report, the root cause of the problem was excessive consumption of alcohol. That the Appellant liked consuming alcohol and fighting other people. He is a tailor by profession. The community felt that he should serve some custodial sentence to enable him change as his drinking habits betray him. The Appellant is known to be a violent person under the influence of alcohol and that he even used to fight with his wife most of the time wherever he returned from the drinking spree.
4. I have considered the appeal against sentence and the fact that the Appellant pleaded guilty to the charge. He appears remorseful. However, the sentence meted out was lawful, having regard to the violent conduct of the Appellant to others including his wife, wherever he is under the influence of alcohol. In my view, custodial sentence is appropriate for the Appellant to get rid of his drinking habit and fighting which led to loss of life. Life is sacrosanct. It must be protected. Live and let live.
5. Exercising judicial discretion, I hereby reduce the 20 year prison sentence imposed on the Appellant by the trial court and substitute it with a prison term of 5 years to be calculated from the date of his sentence on 8/11/2018
Orders accordingly.
Dated, signed and Delivered at Siaya, this 9th Day of July 2019.
R.E. ABURILI
JUDGE
In the Presence of:
Appellant (present in person)
Miss. Odumba, PC for State
Court Assistants: Brenda and Modestar