[2013] KEHC 5325 (KLR)
The court found both accused guilty of murder under Section 203 as read with Section 204 of the Penal Code. The 2nd accused was assessed to be 19 years old at the time of the offence, excluding the possibility of being underage. The court considered the mitigation, including the period spent in custody, the ages of...
Source-derived case information.
- Citation
- [2013] KEHC 5325 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Manya; Defendant: Simon Omugami
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2008
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused convicted of murder. 1st accused sentenced to 7 years' imprisonment; 2nd accused sentenced to 5 years' imprisonment.
- Legal Topics
- Murder, Sentencing, Mitigation, Age Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Manya
Defendant
Simon Omugami
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons are guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 Whether the age of the 2nd accused at the time of the offence affects sentencing.
- 3 What is the appropriate sentence in light of recent jurisprudence on the death penalty.
Ratio Decidendi
The court found both accused guilty of murder under Section 203 as read with Section 204 of the Penal Code. The 2nd accused was assessed to be 19 years old at the time of the offence, excluding the possibility of being underage. The court considered the mitigation, including the period spent in custody, the ages of the accused, and their remorse. In light of recent Court of Appeal decisions declaring the mandatory death penalty inhuman and degrading, the court exercised its discretion and imposed custodial sentences of seven years for the 1st accused and five years for the 2nd accused, finding that lengthy incarceration would not serve justice in the circumstances.
Court Disposition
Both accused convicted of murder. 1st accused sentenced to 7 years' imprisonment; 2nd accused sentenced to 5 years' imprisonment.
Orders
- The 1st accused person is sentenced to serve seven (7) years’ imprisonment.
- The 2nd accused is sentenced to serve five (5) years’ imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC .............................................................................. PROSECUTOR
V E R S U S
VINCENT MANYA ........................................................................... 1ST ACCUSED
SIMON OMUGAMI ........................................................................ 2ND ACCUSED
S E N T E N C E
The two accused persons were found guilty of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Mr. Ondieki, Counsel for the accused submitted in mitigation that the 1st accused is 35 years old and has a family. The second accused was arrested when he was 18 years. They are remorseful and have been in custody since 2008.
The court record shows that the 2nd accused person SIMON OMUGAMIwas taken for age assessment on 7th May 2008. The Doctor assessed his age at 19 years old. The offence herein was committed on 8th January 2008. The likelihood of the 2nd accused having been underage at the time the offence was committed is excluded by the age assessment report.
I have read the judgment of Justice Kimaru and the circumstances of this case. I am also alive to the decisions of the Court of Appeal to the effect that the death sentence is inhuman and degrading. Although the offence that was committed is murder, I am satisfied that a long period of incarceration for the two accused will not assist in the circumstances. The 1st accused person is sentenced to serve seven (7) years’ imprisonment while the 2nd accused is sentenced to serve five (5) years’ imprisonment.
Delivered, dated and signed at Kakamega this 7th day of February 2013
SAID J. CHITEMBWE
J U D G E