[2018] KEHC 690 (KLR)
The court found that the accused persons, acting jointly, unlawfully murdered the deceased. While acknowledging that they were first offenders, the court considered the aggravated nature of the offence, specifically that the accused took the law into their own hands and acted collectively. Balancing these factors,...
Source-derived case information.
- Citation
- [2018] KEHC 690 (KLR)
- Parties
- Appellant: Republic; Respondent: Charles Survey Manini; Respondent: Richard Ombui Manini; Respondent: Gilbert Makori Minyonga alias Museveni Onsando; Respondent: Joseph Mandela Manini alias Tom; Respondent: Samuel Kamwana Morema
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 96 of 2014
- Procedural Posture
- Criminal Appeal / Sentencing
- Outcome
- conviction and custodial sentence imposed
- Legal Topics
- Murder, Sentencing, Joint Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Charles Survey Manini
Respondent
Richard Ombui Manini
Respondent
Gilbert Makori Minyonga alias Museveni Onsando
Respondent
Joseph Mandela Manini alias Tom
Respondent
Samuel Kamwana Morema
Respondent
Procedural Posture
Criminal Appeal / Sentencing
Legal Issues
- 1 Whether the accused persons are guilty of the offence of murder.
- 2 What is the appropriate sentence for first offenders convicted of murder aggravated by acting jointly.
Ratio Decidendi
The court found that the accused persons, acting jointly, unlawfully murdered the deceased. While acknowledging that they were first offenders, the court considered the aggravated nature of the offence, specifically that the accused took the law into their own hands and acted collectively. Balancing these factors, the court determined that a custodial sentence of twenty-five years imprisonment for each accused was appropriate to reflect both the seriousness of the offence and the mitigating circumstance of being first offenders.
Court Disposition
conviction and custodial sentence imposed
Orders
- Each accused is sentenced to twenty-five (25) years imprisonment.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: D.S MAJANJA J.
CRIMINAL APPEAL NO. 96 OF 2014
BETWEEN
REPUBLIC ...........................................................................PROSECUTOR
AND
CHARLES SURVEY MANINI............................................1ST ACCUSED
RICHARD OMBUI MANINI..............................................2ND ACCUSED
GILBERT MAKORI MINYONGA alias
MUSEVENI ONSANDO.......................................................3RD ACCUSED
JOSEPH MANDELA MANINI alias TOM........................4TH ACCUSED
SAMUEL KAMWANA MOREMA.....................................5TH ACCUSED
RULING ON SENTENCE
I have now convicted CHARLES SURVEY MANINI, RICHARD OMBUI MANINI, GILBERT MAKORI MINYONGA, JOSEPH MANDELA MANINI and SAMUEL KAMWANA MOREMA for the offence of murder which took place on 17th April 2014 at Bogitaa Sublocation Kisii South of Kisii County where they murdered DENNIS OBWOGA KEREMA.
I have taken into account the fact that they are first offenders.
The offence which they were convicted was aggravated by the fact that they acted together and took the law into their own hands and murdered the deceased. Accordingly, I sentence each of the accused to twenty five (25) years imprisonment. Right of Appeal explained.
Sentence pronounced in open court this 11th day of December, 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Bosire Gichana holding brief
for Mr. Sagwe for the 1st and 2nd accused.