[2016] KEHC 5823 (KLR)
The court found that the accused persons, having pleaded guilty to manslaughter under a plea bargain, were provoked by the deceased's act of arson. The incident was characterized as mob justice, and the court recognized that the accused had already spent two years in custody. The probation officer's report...
Source-derived case information.
- Citation
- [2016] KEHC 5823 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Ongaga Oyongo; Defendant: Dominic Omundi Omboto
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused persons sentenced to one year probation.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mob Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Ongaga Oyongo
Defendant
Dominic Omundi Omboto
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence for the offence of manslaughter.
- 2 Whether the period already spent in custody by the accused persons should be considered in sentencing.
Ratio Decidendi
The court found that the accused persons, having pleaded guilty to manslaughter under a plea bargain, were provoked by the deceased's act of arson. The incident was characterized as mob justice, and the court recognized that the accused had already spent two years in custody. The probation officer's report recommended a non-custodial sentence, and the court agreed that further incarceration was unnecessary. The court determined that a one-year probation period, with supervision, was appropriate to serve justice and allow the accused to reintegrate into society, considering their youth and the circumstances of the offence.
Court Disposition
Accused persons sentenced to one year probation.
Orders
- Both accused persons are sentenced to one year probation under the supervision of the Probation Officer of their area.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 17 OF 2013
REPUBLIC...............................................................PROSECUTOR
VERSUS
JACKSON ONGAGA OYONGO..............................1ST ACCUSED
DOMINIC OMUNDI OMBOTO.................................2ND ACCUSED
SENTENCE
1. The accused persons herein JACKSON ONGAGA OYONGO and DOMINIC OMUNDI OMBOTO were initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. By a plea bargain agreement made on 2nd March, 2016 between the state and the accused persons, the said charge was reduced to that of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
3. It is alleged that on the night of 23rd and 24th February, 2013 at Bosinange village in Gucha South District within Kisii County with others not before the court, unlawfully caused the death of OEKO OYONGO.
4. Both the accused persons pleaded guilty to the lesser charge of manslaughter and were consequently convicted on their own plea of guilty.
5. The circumstances surrounding this case, as narrated by Mr. Otieno, counsel for the state were that the deceased, who was an uncle to the 1st accused, set the house of the said 1st accused on fire on the 23rd February, 2013 while the 1st accused was attending a burial meeting. Irate members of the public that had attended the burial meeting including the 1st and 2nd accused meted out “mob justice” on the deceased thereby leaving him unconscious. The deceased’s dead body was thereafter discovered in a nearby farm the following morning.
6. In mitigation, Mr. Momanyi for the accused persons pleaded for leniency on their behalf while stating that they were both young men who were attending school at the time of the incident and as such, their education had been cut short by the instant case. Mr. Momanyi stated that the accused persons were desirous to continue with their studies.
7. The Probation Officer, in his reports filed in court on 23rd March, 2016 noted that both the accused persons were suitable for a non-custodial sentence.
8. I have taken full consideration of the circumstances that led to the assault of the deceased by members of the public that included the 1st and 2nd accused herein. Indeed I note that this was a case of mob justice provoked purely by the actions of the deceased in setting the house of the 1st accused on fire. I also note that the accused persons have been in custody for 2 years now while awaiting their trial.
9. I am certain that the two year period that they have been in custody will serve as adequate lesson to them to keep off violent confrontations and to desist from taking the law into their own hands.
10. Consequently, I hereby sentence the two accused persons herein JACKSON ONGAGA OYONGO and DOMINIC OMUNDI OMBOTO to 1 year probation during which period they will be supervised by the Probation Officer of their area.
Delivered, dated and signed in at Kisii on 31stday of March, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Momanyi for the Accused
Omwoyo court clerk