[2020] KEHC 7120 (KLR)
The court found that, although the offence was grave and resulted in the loss of life, the accused's status as a first offender, his serious medical conditions (diabetes and anemia), and the fact that he had already spent nearly eight years in custody constituted sufficient mitigation. The court exercised its...
Source-derived case information.
- Citation
- [2020] KEHC 7120 (KLR)
- Parties
- Respondent: State; Defendant: David Matengo Omullo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to period already served and released
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Principles, Mitigation, First Offender, Medical Conditions, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
David Matengo Omullo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder considering his mitigation and medical condition?
- 2 Should the period already spent in custody be deemed sufficient punishment in the circumstances?
Ratio Decidendi
The court found that, although the offence was grave and resulted in the loss of life, the accused's status as a first offender, his serious medical conditions (diabetes and anemia), and the fact that he had already spent nearly eight years in custody constituted sufficient mitigation. The court exercised its discretion to sentence the accused to the period already served, determining that further custodial punishment was unnecessary in the circumstances. The accused was therefore ordered to be released unless otherwise lawfully held.
Court Disposition
accused sentenced to period already served and released
Orders
- The accused is sentenced to the period already spent in prison.
- Unless otherwise lawfully held, the accused David Matengo Omullo is set at liberty forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 18 OF 2015
STATE...........................................................PROSECUTOR
VERSUS
DAVID MATENGO OMULLO.........................ACCUSED
SENTENCE
1. On 10th February 2020, this court delivered judgment in this case convicting the accused person herein for the offence of murder and reserved the date for sentence.
2. I have considered the mitigation by the accused person and the first offender.
3. However, a precious life was lost. Nonetheless the accused had an illness and therefore having been in prison for nearly 8 years, I find no reason to sentence him to serve custodial sentences now that he is free from the ailment but is said to be diabetic as per his medical documents shown to the Court with copies filed here which also reveal that he is anemic.
4. I hereby sentence the accused to the period already spent in prison.
5. Unless otherwise lawfully held, the accused person David Matengo Omullo be and is hereby set at liberty forthwith.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 10th day of February, 2020.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okachi SPPC for State
Accused present. His advocate Mr. Ochuka absent
CA: Brenda and Modestar