[2012] KEHC 2612 (KLR)
The court considered the mitigation advanced by the appellant, including his youth and family circumstances, but found that the act of arming himself and killing the deceased was unwarranted and unprovoked. The court recognized that the death penalty is not mandatory and that alternative sentences are permissible....
Source-derived case information.
- Citation
- [2012] KEHC 2612 (KLR)
- Parties
- Appellant: Samuel Odhiambo Odongo alias Wesonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2009
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The appellant is sentenced to serve twenty-five years custodial sentence from the date of the ruling.
- Legal Topics
- Sentencing Principles, Death Penalty Alternatives, Mitigation, Homicide Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Odhiambo Odongo alias Wesonga
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the death penalty is mandatory for the offence committed by the appellant.
- 2 What is the appropriate sentence considering the circumstances and mitigation presented by the appellant.
Ratio Decidendi
The court considered the mitigation advanced by the appellant, including his youth and family circumstances, but found that the act of arming himself and killing the deceased was unwarranted and unprovoked. The court recognized that the death penalty is not mandatory and that alternative sentences are permissible. Balancing the gravity of the offence with the mitigating factors, the court determined that a custodial sentence of twenty-five years was appropriate.
Court Disposition
The appellant is sentenced to serve twenty-five years custodial sentence from the date of the ruling.
Orders
- The accused is sentenced to serve twenty-five (25) years custodial sentence from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
Criminal Case 18 of 2009
SAMUEL ODHIAMBO ODONGO alias WESONGA ……............ACCUSED
VERSUS
REPUBLIC …………………………………......…………......……APPELLANT
RULING ON SENTENCE
I have heard the appellant\'s submissions on sentence. He is a family young person with a young family. However the action of arming himself and killing the deceased was unwarranted and unprovoked. There was no apparent reason at all.
It is now well settled that death penalty in which the accused person deserved is no longer the only appropriate punishment. The alternative is custodial or non custodial sentence.
Taking the circumstances of this case including the accused\'s mitigation as well as that of prosecutions. I shall sentence the accused to serve twenty five (25) years custodial sentence from the date of this Ruling.
Dated, signed and delivered at Kisumu this 25th day of July 2012
H. K. CHEMITEI
JUDGE
In the presence of:
…………………………………State Counsel
……………………………...........…Appellant
HKC/aao