[2021] KEHC 8514 (KLR)
Although murder carries a maximum penalty of death, the court considered the mitigating factors for both accused persons, including their status as first offenders, favorable presentence reports, family responsibilities, and expressions of remorse. The court also took into account the period spent in remand and the...
Source-derived case information.
- Citation
- [2021] KEHC 8514 (KLR)
- Parties
- Applicant: Republic; Defendant: Enock Matara Omwoyo; Defendant: Benson Nyakawa Onyancha
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused persons convicted of murder and sentenced to 25 years imprisonment each.
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing Guidelines, Mitigation, First Offender, Death Penalty, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Enock Matara Omwoyo
Defendant
Benson Nyakawa Onyancha
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to the maximum penalty for murder.
- 2 Whether mitigating factors such as being first offenders and favorable presentence reports should affect the sentence.
Ratio Decidendi
Although murder carries a maximum penalty of death, the court considered the mitigating factors for both accused persons, including their status as first offenders, favorable presentence reports, family responsibilities, and expressions of remorse. The court also took into account the period spent in remand and the sentencing policy guidelines. Despite the cruel manner in which the deceased met his death, the court found that the circumstances justified a custodial sentence of 25 years imprisonment for each accused rather than the maximum penalty. The court emphasized the importance of individualized sentencing and the relevance of mitigation in determining the appropriate punishment for...
Court Disposition
Both accused persons convicted of murder and sentenced to 25 years imprisonment each.
Orders
- Enock Matara Omwoyo is sentenced to 25 years imprisonment.
- Benson Nyakawa Onyancha is sentenced to 25 years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.18 OF 2019 (MURDER)
REPUBLIC.....................................................................STATE
VERSUS
1. ENOCK MATARA OMWOYO
2. BENSON NYAKAWA ONYANCHA...................ACCUSED
RULING
SENTENCING
1. Enock Matara Omwoyo and the 1st accused person and Benson Nyakawa Onyancha the 2nd accused person were charged with the offence murder. They have been each convicted of the said offence. The offence of murder carries death sentence, as the maximum penalty.
2. I have read the probation reports and considered the period spent in remand together with the guidelines on sentencing policy. The first accused person (Enock Matara Omwoyo) is 36 years old is married and has 2 children. His family is willing to have him back. The deceased widow has no interest on the matter due to the life she had with the deceased. His children could not be reached. Enock is a first offender, I have noted his good record and that the presentence report is favourable, together with the mitigation however the deceased met his death in a very cruel manner.
3. I therefore sentence the 1st accused Enock Matara Omwoyo to 25 years imprisonment.
4. The 2nd accused Benson Nyakagwa Onyancha too was found guilty of the offence of murder. He is said to be a 1st offender. He has a spouse and 2 children. The presentence report is favourable. As per the said report and mitigation he is remorseful and has changed his behavior after being a nuisance dropping from school in form 1.
5. As already stated the deceased met his death in a cruel manner. He did not deserve to die in such a manner even if he was a suspect. Benson Nyakagwa Onyancha is sentenced to 25 years imprisonment. Each accused person has a rightful appeal within 14 days.
Dated, signed and delivered at KISII this 23rd day of February, 2021.
R.E. OUGO
JUDGE
In the presence of;
Enock Matara Omwoyo 1st Accused
Benson Nyakawa onyancha 2nd Accused
Mr. Otieno Senior Prosecution Counsel Office of the DPP
Ms Rael Court Assistant