[2017] KEHC 5775 (KLR)
The court found that the accused, Ibrahim Omulo Owenga, intentionally inflicted fatal injuries on the deceased, Grace, without provocation or evidence of attack, as established by the prosecution's thirteen witnesses. The court considered the accused's lack of previous criminal record, his status as a first...
Source-derived case information.
- Citation
- [2017] KEHC 5775 (KLR)
- Parties
- Applicant: Republic; Defendant: Ibrahim Omulo Owenga
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2015
- Procedural Posture
- Criminal Case / Sentencing and Verdict
- Outcome
- convicted and sentenced to death
- Judges
- DB Nyakundi
- Legal Topics
- Murder, Sentencing, Mitigation, Mandatory Death Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ibrahim Omulo Owenga
Defendant
Procedural Posture
Criminal Case / Sentencing and Verdict
Legal Issues
- 1 Whether the accused is guilty of the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
- 2 Whether the mandatory death sentence under section 204 of the Penal Code should be imposed upon conviction for murder.
Ratio Decidendi
The court found that the accused, Ibrahim Omulo Owenga, intentionally inflicted fatal injuries on the deceased, Grace, without provocation or evidence of attack, as established by the prosecution's thirteen witnesses. The court considered the accused's lack of previous criminal record, his status as a first offender, and his expression of regret, as well as the pre-sentence report. However, the court held that the law, as prescribed by section 204 of the Penal Code and affirmed by the Court of Appeal in Joseph Njuguna Mwaura, mandates the death sentence for murder. The court concluded that, despite the mitigating factors, it was bound by statute and precedent to impose the mandatory death...
Court Disposition
convicted and sentenced to death
Orders
- The accused, Ibrahim Omulo Owenga, is sentenced to death under section 204 of the Penal Code.
- The right of appeal to the Court of Appeal within 14 days is explained.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAJIADO
CRIMINAL CASE NO. 15 OF 2015
REPUBLIC……………...………...…………………...……PROSECUTOR
Versus
IBRAHIM OMULO OWENGA….…...…….….............................ACCUSED
SENTENCING REMARKS AND VERDICT
This is a case where you Ibrahim Omulo Owenga appeared before this court charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
The background of the offence as projected by the thirteen witnesses summoned by the prosecution to rally evidence against you constituted the following: that on the 19/6/2013 at Olosoit Sub-Location in Loitokitok Subdistrict you lived together with the deceased as husband and wife. This fateful day was just like any other normal day for you and the deceased Grace. You went about your daily chores. In the course of the day you decided that you would have to arm yourself with a panga which you used to inflict multiple grievious harm upon her with no evidence of attack or provocation. The members of the neighbourhood and the public who heard the commotion and domestic violence in your house rushed to the scene and pleaded with you to stop inflicting bodily harm to the deceased. Despite your assurance that did not deter you from continual beating which eventually brought her life to a cruel and fatal end. In the meantime and within hours of her death you left her and substantially did nothing to assist or seek help from a medical provider. You persisted in moving on with your life as if nothing had happened to Grace – the deceased. When the police and members of the public visited your house it was found to have been locked from outside and the body of Grace – deceased herein on top of the bed. This is the house you occupied two of you with the deceased. That action according to my finding in the main judgment was well planned and executed on 19/6/2013. The motive as to why a life of a young lady aged 28 years could be brought to a premature end was never made crystal clear throughout the entire trial. That remains a secret in your heart.
This court has heard the mitigation as presented my Mr. Nyaata learned counsel on your behalf. Mr. Akula, the senior prosecution counsel submitted that you have no previous record nor any antecedents relevant to this indictment. I also called for pre-sentence report from the probation officer. The report captured your family background, circumstances of the offence, personal life and history together with the victim statement.
I have taken into account the circumstances broadly alluded to in mitigation, your personal circumstances, the fact that you are a first offender and above all you regret the occurrence of this incident. The crux of the judgement is to consider all those including the provisions on penalty of murder as prescribed by parliament under section 204 of the Penal Code. In my application of the law on sentencing by virtue of a finding of guilty and conviction under section 203 of the Penal Code. The provisions of section 204 within which the category of punishment falls under to be imposed against you ought to be applied.
The law on this aspect has been restated by the Court of Appeal in the case of Joseph Njuguna Mwaura Cr. Appeal No. 5 of 2008 where the court affirmed that death sentence is a lawful sentence and mandatory sentence for the offence of murder contrary to section 203 of the Penal Code.
Bearing in mind all those various factors and the dicta in Joseph Njuguna Mwaura Case (Supra), the sentence I pass for the charge of murder which I found you guilty and convicted you is that of death. Accordingly I sentence you under the provisions of section 204 of the Penal Code to the mandatory death sentence. 14 days right of appeal explained to the Court of Appeal.
It is so ordered.
Dated, read and signed in open court at Kajiado on 16th day of March, 2017.
………………..
R. NYAKUNDI
JUDGE
In the presence of:
Mr. Nyaata the defence counsel
Mr. Akula – senior prosecution counsel
Accused present
Mr. Mateli Court Assistant