[2023] KEHC 19490 (KLR)
The court found Vincent Okoth Odeny guilty of the offence of murder, having determined that he was of sound mind and fit to plead at the time of trial, as evidenced by the mental assessment reports and certification from Mathari National, Teaching and Referral Hospital. The court acknowledged the accused's prior...
Source-derived case information.
- Citation
- [2023] KEHC 19490 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Okoth Odeny
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2018
- Procedural Posture
- Criminal Case / Post Conviction, Pre Sentencing Ruling
- Outcome
- Accused convicted of murder; sentencing deferred pending Victim Impact Statement and Pre-sentence Report.
- Judges
- RE Aburili
- Legal Topics
- Murder, Mental Health Defence, Fitness to Plead, Sentencing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Okoth Odeny
Defendant
Procedural Posture
Criminal Case / Post Conviction, Pre Sentencing Ruling
Legal Issues
- 1 Whether the accused was guilty of the offence of murder.
- 2 Whether the accused was of sound mind and fit to plead at the time of trial.
- 3 What pre-sentencing procedures are necessary before passing sentence.
Ratio Decidendi
The court found Vincent Okoth Odeny guilty of the offence of murder, having determined that he was of sound mind and fit to plead at the time of trial, as evidenced by the mental assessment reports and certification from Mathari National, Teaching and Referral Hospital. The court acknowledged the accused's prior mental illness but relied on the medical superintendent's report that he was capable of making his defence. The court therefore proceeded to conviction and ordered the preparation of a Victim Impact Statement and a Pre-sentence Report before pronouncing sentence, in accordance with procedural fairness and statutory requirements.
Court Disposition
Accused convicted of murder; sentencing deferred pending Victim Impact Statement and Pre-sentence Report.
Orders
- A Victim Impact Statement to be filed by the prosecution.
- A Pre-sentence Report to be compiled and filed by the Probation Officer.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Odeny (Criminal Case 22 of 2018) [2023] KEHC 19490 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19490 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 22 of 2018
RE Aburili, J
June 30, 2023
Between
Republic
Prosecution
and
Vincent Okoth Odeny
Accused
Ruling
1. The accused person herein Vincent Okoth Odeny is charged with the offence of murder of his elder brother Richard Otieno Odeny, which death took place on 16th day of September 2018 at Kanswa Sub-location, Nyangoma Location, Muhoroni Sub-county within Kisumu County.
2. He denied committing the offence. However, this court has found him guilty of the offence of murder.
3. Nonetheless, the accused was at the time of committing the murder of the deceased, labouring under a mental illness as per the mental Assessment Report filed in court and dated 9th October 2018.
4. He was committed to Mathari Hospital and vide a report dated 28th February 2019, Dr. Mucheru Wang’ombe, Medical Superintendent In-charge of Mathari National, Teaching and Referral Hospital wrote to the DPP informing the DPP that in his opinion, the accused had been certified to be capable of making his case/defence.
5. The ODPP gave directions of the intention to proceed under Section 163(2) of the Criminal Procedure Code and directed vide letter to this court dated 17th June 2019 that the ODPP wished to continue the criminal proceedings against the accused person.
6. It was on the basis of the above letter that on 25th July 2019, the plea was taken and the accused person pleaded not guilty to the charge of murder and the hearing proceeded.
7. The court therefore took plea knowing that the accused was fit to plead. Having convicted the accused who is of sound mind and having heard his mitigation, I hereby make the following orders before pronouncing an appropriate sentence: -a.That a Victim Impact statement be filed into court by the prosecution.b.That a Pre-sentence report be compiled and file into court by the Probation Officer.c.In respect of (a) above, the prosecution do procure the attendance of the wife, siblings and children of the deceased Richard Otieno Odeny to attend court on sentencing day.d.That the Victim Impact statement(s) and Pre-Sentence Reports to be filed in court within twenty-one (21) days of today.e.This matter shall be for sentencing on 22nd September 2023.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2023R. E. ABURILIJUDGE