[2021] KEHC 4320 (KLR)
Although the convict was found guilty of murder, the court considered the mitigating factors, including the convict's remorse, status as a first offender, and the fact that the offence arose from a fight between the accused and the deceased. The court determined that these factors justified a departure from the...
Source-derived case information.
- Citation
- [2021] KEHC 4320 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Opiyo Ouma
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2017
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- convicted and sentenced to 20 years imprisonment from date of arrest
- Judges
- DO Ogembo
- Legal Topics
- Sentencing, Murder, Mitigation, Remorse, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Opiyo Ouma
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence for the convict found guilty of murder under Section 204 of the Penal Code.
- 2 Whether the mitigating factors, including the convict's remorse and circumstances of the offence, should affect the sentence.
Ratio Decidendi
Although the convict was found guilty of murder, the court considered the mitigating factors, including the convict's remorse, status as a first offender, and the fact that the offence arose from a fight between the accused and the deceased. The court determined that these factors justified a departure from the death penalty prescribed under Section 204 of the Penal Code. Instead, the court imposed a custodial sentence of twenty years, commencing from the date of arrest, as a proportionate response to the circumstances of the offence and the personal circumstances of the convict.
Court Disposition
convicted and sentenced to 20 years imprisonment from date of arrest
Orders
- The convict is sentenced to twenty (20) years imprisonment with effect from 13/12/2016.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATVOI
CRIMINAL CASE NO.1OF 2017
REPUBLIC.........................................PROSECUTOR
VERSUS
VINCENT OPIYO OUMA.......................ACCUSED
JUDGMENT ON SENTENCE
1. I have considered submissions of the parties. The convict is a first offender. Although he denies committing the crime, he appears remorseful and has asked for forgiveness. He is a young man of 33 years and married with a child. He has been in prison since 13/12/2016. He prays to be jailed for 6 years.
2. On the prosecution part, Mr. Chirchir, learned counsel, prays that the convict be sentenced to death under Section 204 of the Penal Code. Counsel submitted that the convict is not remorseful. Further counsel submitted that the victim should be vindicated by the process of this Court.
3. I have considered both views. What I have noted is that the convict regrets his action. I have also noted that although this Court has found the convict guilty of murder, that offence was as a result of a fight between the accused and the deceased.
4. After considering all the factors, I am satisfied that the convict should be sentenced to a jail term of twenty (20) years with effect from the date of arrest being 13/12/2016
Right of appeal in 14 days.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 24TH DAY OF AUGUST, 2021.
E. K. OGOLA
JUDGE
Judgment delivered via MS Teams in the presence of:
Accused in person
Mr. Chirchir for DPP
Ms. Peris Court Assistant