[2020] KEHC 2870 (KLR)
The court found that, despite the accused being a first offender and young, the gravity of the offence—manslaughter involving an attempted rape and the loss of a young life—necessitated a custodial sentence. The court considered the mitigation, the presentencing report, and the sentencing guidelines, and determined...
Source-derived case information.
- Citation
- [2020] KEHC 2870 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Calvin Omondi Omollo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to seven years imprisonment for manslaughter
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing Guidelines, Mitigation, Right to Life
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Calvin Omondi Omollo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial sentence for the offence of manslaughter.
- 2 What period of imprisonment is appropriate given the circumstances and mitigation.
Ratio Decidendi
The court found that, despite the accused being a first offender and young, the gravity of the offence—manslaughter involving an attempted rape and the loss of a young life—necessitated a custodial sentence. The court considered the mitigation, the presentencing report, and the sentencing guidelines, and determined that a seven-year imprisonment term was appropriate. The sentence was ordered to run from the date of arrest, in accordance with Section 333 of the Criminal Procedure Code, to account for time already spent in custody. The court emphasized the need for reformation and rehabilitation of the accused before reintegration into society.
Court Disposition
accused sentenced to seven years imprisonment for manslaughter
Orders
- The accused is sentenced to seven years imprisonment.
- The sentence shall be calculated from the date of arrest, accounting for time already spent in custody.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL CASE NO. 6 OF 2018
STATE.....................................................................................................PROSECUTION
VERSUS
CALVIN OMONDI OMOLLO........................................................................ACCUSED
RULING ON SENTENCE
1. On 15th September 2020 this court convicted the accused person Collins Omondi Omollo of the offence of manslaughter contrary to section 2012 as read with section 205 of the Penal Code and reserved sentence to be imposed after mitigation and a presentencing report to be filed by the probation officer. I have heard the Mitigation by the accused person and his counsel Mr. Ariho Advocate. The accused person is a first offender. He is a young man born in 1996. I have also considered the circumstances under which the offence was committed and the fact that a young life was lost.
2. The deceased had children and other dependants who have lost her. No one has any right to deprive another of life which is sacrosanct. The right to life is guaranteed by our Constitution. The accused person together with others attempted to rape the deceased but when she resisted, they strangled her causing her death.
3. Taking into account the above and the guidelines on sentencing, I am satisfied that custodial sentence is appropriate for the accused to be reformed and rehabilitated before getting back into the society.
4. Punishment for Manslaughter is up to life imprisonment. I exercise discretion and I sentence the accused person Calvin Omondi Omollo to serve seven years imprisonment and in accordance with Section 333 of the Criminal Procedure Code, the prison sentence so imposed shall be calculated from the date of arrest of the accused person, taking into account the period already spent in custody.
5. The accused has a Right of appeal to the Court of Appeal in the event that he is dissatisfied with his judgment both on conviction and sentence. This file is closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 15th Day of September, 2020.
R.E. ABURILI
JUDGE
In the Presence of:
Accused person and his Counsel Mr. Ariho present virtually by Microsoft Teams
Mr. Okachi, Senior Principal Prosecution Counsel
Court Assistant: Brenda