[2020] KEHC 5395 (KLR)
The court found that the accused committed murder without provocation, motivated by greed for trivial items. The court held that the right to life is fundamental and that the accused's actions were cold-blooded and undeserving of mercy. Although the law provides for the death penalty, the court exercised its...
Source-derived case information.
- Citation
- [2020] KEHC 5395 (KLR)
- Parties
- Respondent: State; Defendant: Michael Otieno Wasonga
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to life imprisonment
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Mitigation, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Michael Otieno Wasonga
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder and the appropriate sentence to impose.
- 2 Whether there was provocation or mitigating circumstances to reduce culpability.
Ratio Decidendi
The court found that the accused committed murder without provocation, motivated by greed for trivial items. The court held that the right to life is fundamental and that the accused's actions were cold-blooded and undeserving of mercy. Although the law provides for the death penalty, the court exercised its discretion, considering recent jurisprudence on the non-mandatory nature of the death sentence, and instead imposed a sentence of life imprisonment to ensure justice for the deceased.
Court Disposition
accused sentenced to life imprisonment
Orders
- The accused is sentenced to serve life imprisonment.
- Right of appeal within 7 days explained.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 4 OF 2019
STATE...............................................PROSECUTION
VERSUS
MICHAEL OTIENO WASONGA.........ACCUSED
SENTENCE
1. I have considered the mitigation by Mr. Ochanyo and the accused person.
2. The deceased died a very painful death. There was no evidence of provocation. Every person has a right to live and no person has any right to deprive another of life.
3. The accused is a cold blooded murderer due to greed for very minute things like chicken and a mobile phone. He does not deserve the mercy of the court. The dead too deserve justice.
4. Section 204 of the Penal Code provides for death sentence but as said sentence is not mandatory, I exercise discretion and sentence the accused person to serve life imprisonment.
5. Right of Appeal is 7 days of today explained.
6. Orders accordingly.
Dated, signed and Delivered at Siaya, this 4th Day of May, 2020 via skype.
R.E. ABURILI
JUDGE