[2018] KEHC 7809 (KLR)
The court found that, despite the grave and disturbing circumstances of the offence—where the accused fatally attacked his wife with a panga—the advanced age of the accused, his status as a first offender, and the positive recommendation from the probation officer justified a non-custodial sentence. The court...
Source-derived case information.
- Citation
- [2018] KEHC 7809 (KLR)
- Parties
- Applicant: Republic; Defendant: Okemwa Omingo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 2 years probation under supervision of probation officer.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Okemwa Omingo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for the offence of manslaughter.
- 2 What weight should be given to the accused's age, mitigation, and probation officer's recommendation in sentencing.
Ratio Decidendi
The court found that, despite the grave and disturbing circumstances of the offence—where the accused fatally attacked his wife with a panga—the advanced age of the accused, his status as a first offender, and the positive recommendation from the probation officer justified a non-custodial sentence. The court emphasized the importance of individualized sentencing, taking into account both the seriousness of the offence and the personal circumstances of the offender. The court concluded that a probation sentence would serve the interests of justice, rehabilitation, and community safety, given the accused's age and lack of prior criminal record.
Court Disposition
Accused sentenced to 2 years probation under supervision of probation officer.
Orders
- The accused is sentenced to 2 years probation.
- The accused shall be supervised by the probation officer of his area during the probation period.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 14 OF 2017
REPUBLIC…………….....PROSECUTOR
VERSUS
OKEMWA OMINGO…………ACCUSED
SENTENCE
1. Following a plea bargain agreement made on 6th March 2018, the accused herein, OKEMWA OMINGO, who had initially been charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code had his charge reduced to a lesser charge of manslaughter.
2. The particulars of the case were that on the night of 13th June 2017 at Gitono village in Goochi Sub-location in Gucha Sub-County within Kisii County unlawfully caused the death of TERESIA BINSARI OKEMWA.
3. The accused pleaded guilty to the lesser charge of manslaughter and was consequently convicted on his own plea of guilty.
4. The facts of the case were that the accused and the deceased were husband and wife respectively and on the night of 13th June 2017, the accused came home late and engaged in a bitter exchange with the deceased when she asked him where he had been. Following the bitter exchange, the accused armed himself with a panga which he used to hack the deceased several times on the head and back before escaping to a nearby maize plantation. The deceased later died while undergoing treatment and the post mortem report established the cause of death to be cardio pulmonary failure due to multiple deep cuts and head injury secondary to assault.
5. In mitigation, Mr. Okenye for the accused submitted that the accused was an elderly man aged 60 years and that he attacked the deceased because he was angered by her unfaithfulness in their marriage.
6. The probation officer has in his report filed before this court on 21st March 2018 recommended that the accused may benefit from non-custodial sentence based on the accused’s advanced age and his past good conduct.
7. I have carefully considered the very disturbing circumstances under which the deceased, then aged 50 years met her cruel death at the hands of her own husband.
8. This court notes that the deceased and the accused were a fairly old couple and grandparents who must have been married for quite a long time before the fateful day. It is therefore difficult to fathom what could have prompted the accused to fatally attack the deceased who had been his long term partner.
9. Having regard to the totality of the circumstances of this case and the recommendation of the probation officer, this court is of the view that a non-custodial sentence is merited in this case taking into account the advanced age of the accused and the fact that he is a first offender. Consequently, I hereby sentence the accused to 2 year probation sentence during which period he will be supervised by the probation officer of his area.
Delivered, dated and signed in at Kisii on 21st of March 2018.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Gachoka for the State
Mr. Okenye for the Accused
Omwoyo court clerk