[2015] KEHC 3642 (KLR)
The court found that the accused, Alfred Adongo Osunda, caused the death of Stephen Odinga Oganga in circumstances that did not amount to murder but rather manslaughter, as the death occurred during a struggle initiated by the deceased, who was armed and intoxicated. The accused acted in self-defence and...
Source-derived case information.
- Citation
- [2015] KEHC 3642 (KLR)
- Parties
- Respondent: Republic; Defendant: Alfred Adongo Osunda
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to time served and released
- Judges
- AC Mrima
- Legal Topics
- Manslaughter, Plea Bargaining, Self Defence, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Alfred Adongo Osunda
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of murder or manslaughter given the circumstances of the incident.
- 2 Whether the accused's actions constituted self-defence.
- 3 What sentence was appropriate considering the plea agreement, mitigation, and time already served.
Ratio Decidendi
The court found that the accused, Alfred Adongo Osunda, caused the death of Stephen Odinga Oganga in circumstances that did not amount to murder but rather manslaughter, as the death occurred during a struggle initiated by the deceased, who was armed and intoxicated. The accused acted in self-defence and demonstrated remorse by taking the deceased to hospital and participating in reconciliation with the victim's family. Both families had reconciled, and the community was willing to receive the accused back. Considering the plea agreement, the mitigating factors, and the fact that the accused had already served three years in custody, the court determined that the period already served was...
Court Disposition
accused sentenced to time served and released
Orders
- The accused is sentenced to the period already served in custody.
- The accused shall be forthwith set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 34 OF 2012
REPUBLIC ………………………………….…………..PROSECUTOR
VERSUS
ALFRED ADONGO OSUNDA …………................………… ACCUSED
SENTENCE
1. The Accused person herein, ALFRED ADONGO OSUNDA was charged with the offence of Murder which was reduced to manslaughter on plea-bargaining.
2. The circumstances surrounding the occurrence of the events leading to the death of one Stephen Odinga Oganga were well captured in the Agreement and properly and adequate presented to Court by the Prosecution Counsel, Mr. Oroni.
3. The death occurred in the process of the Accused person herein defending himself in the hands of the vicious Stephen Odinga Oganga who had gone to the Accused person’s house demanding the payment of his debt amounting to Kshs. 200/=. He was both drunk and armed with a panga. As the Accused person did not have the money and sought for more time to make the payment, Stephen Odinga Oganga attacked him and in the course of the struggle, Stephen Odinga Oganga was injured by the very panga he had. The Accused person who was a friend on noticing that Stephen Odinga Oganga had been injured immediately organized and took him to hospital where he eventually succumbed to the injuries sustained.
4. On receiving mitigations, this Court ordered for a Pre-Sentence Report which has revealed that both the Accused person’s family and that of the victim remain remorseful of what happened as the death was purely unintentional. The families have so far reconciled and jointly undertook the funeral rites of the victim. A traditional cleansing ceremony was equally undertaken resulting to a complete healing.
5. The Accused person was described as a humble person with no tainted character and who lived well within the community. This community is equally ready to receive him back.
6. The Accused person on his part remains remorseful for the death of his friend. The action of the Accused person taking the deceased to hospital and all the efforts undertaken by his family in reconciliation and cleansing confirms the element of remorse and good faith.
7. As the Accused person has been in custody for a period of 3 years, and in view of the circumstances of this case, the Accused person is hereby sentenced to the period he has been in custody. The upshot is therefore that the Accused person shall be forthwith set at liberty unless otherwise lawfully held.
DELIVERED, DATED and SIGNED at Kakamega this 23rd day of July, 2015.
A. C. MRIMA
JUDGE
In the presence of
Miss Shibanda Counsel .......................... For the Accused person
N/A .................................................................For the State
Miss Selpher .............................................. Court Assistant