[2019] KEHC 5913 (KLR)
The court exercised its discretion under Section 24 of the Penal Code, taking into account the accused's status as a first offender, the lengthy period of over seven years spent in remand, and the mitigating circumstances presented. The court found that the period already served was sufficient punishment for the...
Source-derived case information.
- Citation
- [2019] KEHC 5913 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Omondi Odongo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to period already served and ordered released
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Remand Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Omondi Odongo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a further custodial term or be released based on time already served in remand.
- 2 What weight should be given to the period spent in remand and the mitigation offered by the accused.
Ratio Decidendi
The court exercised its discretion under Section 24 of the Penal Code, taking into account the accused's status as a first offender, the lengthy period of over seven years spent in remand, and the mitigating circumstances presented. The court found that the period already served was sufficient punishment for the offence of manslaughter, especially given the accused's young age and the rehabilitative purpose of sentencing. The court concluded that further incarceration would not serve the interests of justice, as the accused had already been sufficiently punished by the time spent in custody awaiting trial.
Court Disposition
accused sentenced to period already served and ordered released
Orders
- The accused Paul Omondi Odongo is sentenced to the term already served in prison.
- The accused shall be released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL CASE 22 OF 2016
(CORAM: HON. R.E.ABURLI – J)
REPUBLIC.........................................................................PROSECUTION
-VERSUS-
PAUL OMONDI ODONGO........................................................ACCUSED
SENTENCING
[For murder reduced to manslaughter]
1. On 12th March 2019 the accused herein PAUL OMONDI ODONGO was found guilty and convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. The Court then reserved sentence to await previous records. I have considered the mitigation by the accused person and the fact that he is a first offender.
2. I have also considered the circumstances under which the offence of manslaughter was committed by the accused person. I have given equal consideration to the fact that the accused person has been in remand since 5. 1.2012 when he was arrested and the fact that this case first started in Kisumu High Court in 2012 before it was transferred to this Court in 2016.
3. The accused person has been in remand for 7 years and 6 months awaiting trial. In my humble view, the accused person has learnt his lesson in prison awaiting trial. The maximum sentence upon conviction for Manslaughter as stipulated in Section 205 of the Penal Code is life imprisonment.
4. However, this Court has judicial discretion in sentencing as stipulated in Section 24 of the Penal Code considering the mitigation and the fact that a precious life was lost but that no amount of punishment can revive a dead person and the accused person who is now 28 years with nearly 8 years spent in prison, I hereby sentence him to the term already served in prison.
5. Accordingly, I order that the accused person Paul Omondi Odongo shall be released from prison forthwith unless otherwise lawfully held.
6. Orders accordingly.
Dated and Delivered in open Court at Siaya this 26th Day of June 2019
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okachi Senior Principal Prosecution Counsel for the State
The accused person present
Court Assistants Brenda/Modesta