[2021] KEHC 1659 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and admitted the facts, unlawfully caused the death of the deceased and attempted to conceal the crime by disposing of the body. The pre-sentence report indicated the accused was not suitable for a non-custodial sentence due to his temperament,...
Source-derived case information.
- Citation
- [2021] KEHC 1659 (KLR)
- Parties
- Applicant: Republic; Defendant: William Onura Omandi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2021
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
William Onura Omandi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea agreement.
- 2 What is the appropriate sentence for the offence of manslaughter under the circumstances.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and admitted the facts, unlawfully caused the death of the deceased and attempted to conceal the crime by disposing of the body. The pre-sentence report indicated the accused was not suitable for a non-custodial sentence due to his temperament, substance abuse, lack of remorse, and negative home environment. Despite being a first offender and having spent 10 months in custody, the seriousness of the offence and the circumstances warranted a custodial sentence. The court, after considering the sentencing guidelines, mitigation, and the pre-sentence report, sentenced the accused to fifteen years imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused William Onura Omandi is sentenced to fifteen (15) years imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 8 OF 2021 (MURDER)
CORAM: OUGO. J
REPUBLIC............................................................................PROSECUTOR
VERSUS
WILLIAM ONURA OMANDI....................................................ACCUSED
RULING ON SENTENCING
1. WILLIAM ONURA OMANDI was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. After a plea bargain the charge of murder was replaced with one of manslaughter contrary to section 202 as read with section 205 of the penal code on the 28th October 2021. The particulars of the offence are that, on the 15th January 2021 at Mwanyambariga village, Amkara sub-location in Etago sub- county, Kisii County within the Republic of Kenya unlawfully caused the death of Isabella Nyambeki Bichanga alias Edna Nyambeki Bichanga.
2. The accused person pleaded guilty to the charge of manslaughter and after a plea of guilty was entered the facts were read to him and he admitted the facts and this court convicted him on his own plea of guilty.
3. According to the facts the accused and the deceased were living as husband and wife. That on the 5/1/21 his son came home and found him assaulting the deceased with a stick and panga. The accused chased his son away when he asked his father why he was assaulting the deceased. His son spent the night at the uncle’s place. On the 16/1/2021 his son and daughter found the body of the deceased in the accused’s bedroom lying in a pool of blood with an open wound in the head. When the accused discovered that the children had found the body he warned them not to tell anyone. On the 21/1/21 his son found the body missing and informed his uncle. The police were called and the accused was arrested. The deceased’s body was found in Nyangwete forest. The accused was later charged in court.
4. The accused is said to be a first offender. The pre-sentence reports states that; the accused is 51 years. He has six (6) children and a wife. He has 10 siblings and he is the 5th born. He is known to be high tempered drinks and abuses drugs. Home environment it is not conducive for his release and rehabilitation. His brother and an uncle when interviewed stated that he is a drunkard and abuses bhang. That he is highly temperamental and picks fights easily. As per the report the deceased was a wife to another man but had gone to the accused’s home and gotten married as a second wife. The deceased’s husband is not bitter with the accused. His uncles are bitter with him. The accused is said not to be remorseful. The accused was found not to suitable for a non-custodial sentence and a custodial sentence was recommended. In mitigation counsel for the accused submitted that the accused has a young family and that he is remorseful
5. Under section 205 of the Penal Code any person who commits the felony of manslaughter is liable to imprisonment for life.
6. I have considered the sentencing guidelines, the facts of this case, his mitigation and the pre-sentence report. The accused caused the death of the deceased and thereafter disposed of her body in a forest. An innocent life was lost. His actions were unlawful and unjustified. I note that he is a first offender he has been in custody for about 10 months. A non-custodial sentence was recommended.
7. Considering all the above I sentence the accused WILLIAM ONURA OMANDI to fifteen (15) years imprisonment. He has a Right of Appeal within 14 days.
DATED, SIGNED AND DELIVERED AT KISII THIS 15TH DAY OF NOVEMBER 2021.
R. E. OUGO
JUDGE
In the presence of:
William Onura OmandiAccused
Ms. Gogi for the Accused Person
Mr. Kaino State Counsel ODDP
Ms Rael Court Assistant