[2019] KEHC 4690 (KLR)
The court found that, despite the mitigating factors presented—including the accused persons' youth, their status as first offenders (except the fourth accused), their remorse, and the forgiveness by the deceased's father—the offence was committed in a brutal and vicious manner. The deceased was completely helpless,...
Source-derived case information.
- Citation
- [2019] KEHC 4690 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Aruba Onyeri; Defendant: Charles Ondiba; Defendant: Benard Oyugi; Defendant: Bonface Nyaberi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 109 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused person sentenced to 25 years imprisonment. Right of appeal granted.
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing, Mitigation, Death Penalty, First Offenders, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Aruba Onyeri
Defendant
Charles Ondiba
Defendant
Benard Oyugi
Defendant
Bonface Nyaberi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to the maximum penalty for murder given the circumstances of the case.
- 2 Whether mitigation factors such as youth, family status, remorse, and forgiveness by the deceased's father warrant a non-custodial or reduced sentence.
Ratio Decidendi
The court found that, despite the mitigating factors presented—including the accused persons' youth, their status as first offenders (except the fourth accused), their remorse, and the forgiveness by the deceased's father—the offence was committed in a brutal and vicious manner. The deceased was completely helpless, and the injuries inflicted were severe and fatal. The law provides for the death penalty as the maximum sentence for murder, and the court determined that a non-custodial sentence was not appropriate given the gravity of the offence. However, taking into account the mitigating circumstances, the court exercised its discretion to impose a custodial sentence of 25 years...
Court Disposition
Each accused person sentenced to 25 years imprisonment. Right of appeal granted.
Orders
- Each accused person Dennis Aruba Onyeri, Charles Ondiba, Bernard Oyugi, and Boniface Nyaberi to serve 25 years imprisonment.
- Each accused person has a right of appeal.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CORAM : R.E. OUGO J
CRIMINAL CASE NO.109 OF 2012 (MURDER)
REPUBLIC.............................................................PROSECUTOR
-VERSUS-
DENNIS ARUBA ONYERI....................................1ST ACCUSED
CHARLES ONDIBA...............................................2ND ACCUSED
BENARD OYUGI...................................................3RD ACCUSED
BONFACE NYABERI............................................4TH ACCUSED
RULING –SENTENCING
The accused persons Dennis Aruba Onyeri, Charles Ondiba, Bernard Oyugi& Boniface Nyaberi have been convicted of the offence of murder of Bernard Nyambati. The accused persons jointly attacked the deceased and cut him on the neck and the face. The neck was completely cut, he also had a fracture on the spinal column. I have taken into account that the deceased was completely helpless at the time the accused persons attacked him. The defence counsels, have mitigated on behalf of the accused persons and asked the court to consider that he accused persons are young persons with young families and that the father of the deceased had forgiven them. The Probation report are favourable, the 1st, 2nd and 3rd accused person are first offenders but not the 4th accused person. The reports state they are remorseful and that they related. I have considered all the factors and their plea for a non-custodial sentence. The offence of murder is a grave offence and the law provides for death penalty as the maximum sentence. Considering the circumstances of this case a non-custodial sentence is out of consideration. The death of the deceased cannot be swept away by a light sentence, it was done in a brutal and vicious manner as evidenced from the injuries the deceased sustained. I have noted that they have been forgiven by the deceased father however the deceased did not deserve to die in such a manner.
Taking into account all the circumstance of the case, I sentence each accused person Dennis Aruba Onyeri, Charles Ondiba, Bernard Oyugiand Boniface Nyaberi to each serve 25 (twenty five) years imprisonment. Each accused person has a right of appeal.
Dated, signed and delivered at Kisii this 9th day of August 2019.
R.E OUGO
JUDGE
In the Presence of;
Mr. Kaburi for 3rd accused h/b Mr. Omwenga For the 1st, 2nd & 4th
Accused person
Mr. Otieno Senior Prosecution Counsel Office of the DPP
Accused 1: Dennis Onyeri - Present
Accused 2: Charles Ondiba – Present
Accused 3: Bernard Oyugi – Present
Accused 4: Boniface Nyaberi: Present
Rael Court Clerk