[2024] KEHC 3973 (KLR)
The court found that the offence was not committed in self-defence or as a crime of passion, as the accused did not find the deceased in the act with his wife. The gravity of unlawfully taking another's life outweighed the mitigating factors presented, including the convict's remorse, first offender status, and...
Source-derived case information.
- Citation
- [2024] KEHC 3973 (KLR)
- Parties
- Applicant: State; Defendant: Samuel Juma Okongo alias Samuel Juma Ogonda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Samuel Juma Okongo alias Samuel Juma Ogonda
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for the offence of murder.
- 2 What mitigating factors, if any, should influence the length and nature of the sentence.
Ratio Decidendi
The court found that the offence was not committed in self-defence or as a crime of passion, as the accused did not find the deceased in the act with his wife. The gravity of unlawfully taking another's life outweighed the mitigating factors presented, including the convict's remorse, first offender status, and willingness to reconcile. The court determined that a non-custodial sentence was inappropriate given the seriousness of the offence. Exercising judicial discretion, the court imposed a custodial sentence of ten years' imprisonment, with credit for time already served in custody prior to release on bond and after conviction.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to ten (10) years imprisonment for the offence of murder.
- Any period spent in custody from 25th March 2020 to 19th December 2022 and from 27th March 2024 to 23rd April 2024 shall be deducted from the sentence.
Full Case Text
Judgment text and source record
25 paragraphs
State v Okongo (Criminal Case 9 of 2020) [2024] KEHC 3973 (KLR) (23 April 2024) (Sentence)
Neutral citation: [2024] KEHC 3973 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 9 of 2020
RE Aburili, J
April 23, 2024
Between
State
Prosecution
and
Samuel Juma Okongo alias Samuel Juma Ogonda
Accused
Sentence
1. On 27th March, 2024, this court found the accused herein guilty of the offence of murder and convicted him accordingly. What remained was mitigation and records. I have considered the circumstances under which the offence herein was committed by the Convict Samuel Juma Okongo alias Samuel Juma Ogonda.
2. I have also considered his advocate’s mitigation in writing and oral mitigation by the convict.
3. The convict’s Presentence Report was filed this morning. He is 45 years old and a first offender. I am also alive to the fact that the convict regrets the incident and prays for leniency of the court.
4. His house was demolished by the community after the incident. He is however ready to ask for forgiveness and reconcile with the victim’s family albeit the victim’s family are not ready to forgive him.
5. No person has the right to take away the life of another, unless it is in self-defence. This was not a crime of passion because the accused now convict did not find the deceased in the act with his wife when he unlawfully killed him by hacking him severally with a panga.
6. He now pleads for lenient sentence. Non-custodial sentence is not suitable.
7. I exercise discretion and sentence the accused person herein to serve ten (10) years imprisonment and any period that he has spent in custody from 25th March 2020 to 19th December 2022 before he was released on bond and between 27th March 2024 when his bond was suspended and today 23rd April 2024 shall be taken into account and deducted from the sentence.
8. Right of Appeal to the Court of Appeal is 14 days of today.
9. This file is closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF APRIL, 2024R.E. ABURILIJUDGE