[2022] KEHC 12320 (KLR)
The court found that the accused, Stanley Musungu Ogombe, committed a gruesome and remorseless murder of an innocent child. The court considered the mitigation but found no remorse from the accused. Applying the principles of sentencing as set out in Francis Muruatetu & another v Republic and the statutory...
Source-derived case information.
- Citation
- [2022] KEHC 12320 (KLR)
- Parties
- Applicant: State; Defendant: Stanley Musungu Ogombe
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E015 of 2021
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to death for murder.
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Stanley Musungu Ogombe
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused is guilty of murder and the appropriate sentence to be imposed.
- 2 Whether the accused demonstrated any remorse warranting mitigation of sentence.
Ratio Decidendi
The court found that the accused, Stanley Musungu Ogombe, committed a gruesome and remorseless murder of an innocent child. The court considered the mitigation but found no remorse from the accused. Applying the principles of sentencing as set out in Francis Muruatetu & another v Republic and the statutory requirement under section 204 of the Penal Code, the court determined that the only appropriate sentence was death. The lack of remorse and the heinous nature of the crime were decisive factors in imposing the death penalty.
Court Disposition
Accused sentenced to death for murder.
Orders
- The accused, Stanley Musungu Ogombe, is sentenced to suffer death as stipulated in section 204 of the Penal Code.
- Right of appeal within 14 days to the Court of Appeal explained.
Full Case Text
Judgment text and source record
20 paragraphs
State v Ogombe (Criminal Case E015 of 2021) [2022] KEHC 12320 (KLR) (29 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12320 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E015 of 2021
RE Aburili, J
June 29, 2022
Between
State
Prosecution
and
Stanley Musungu Ogombe
Accused
Ruling
1. I have considered the mitigations and circumstances under which the harmless innocent child was decapitated gruesomely by the accused person who is not remorseful at all.
2. I have also considered the principles and objects of sentencing as espoused in the Francis Muruatetu &anotherv Republic [2017] eKLR case. I am in agreement with the prosecution that the only suitable sentence for the accused is death as he has not demonstrated any remorse for the murder of an innocent life.
3. I hereby sentence the accused person Stanley Musungu Ogombe to suffer death as stipulated in section 204 of the Penal Code for the gruesome murder of Bravin Ochieng Obonyo.
4. Right of Appeal 14 days to the Court of Appeal explained.
5. File is closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 29TH DAY OF JUNE, 2022RE ABURILIJUDGE