[2024] KEHC 3976 (KLR)
The court considered the accused's status as a first offender, his personal and family circumstances, the presentence report, and the views of the deceased's family, who requested leniency. The court found that the mandatory death sentence was not appropriate in this case and exercised its discretion to impose a...
Source-derived case information.
- Citation
- [2024] KEHC 3976 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Abisaye Odhiambo Ombija
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2020
- Procedural Posture
- Criminal Case / Resentencing
- Outcome
- Accused sentenced to ten years imprisonment from date of arrest.
- Judges
- RE Aburili
- Legal Topics
- Murder Sentencing, Mitigation, Discretionary Sentencing, First Offender, Presentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Abisaye Odhiambo Ombija
Defendant
Procedural Posture
Criminal Case / Resentencing
Legal Issues
- 1 Whether the mandatory death sentence for murder should be imposed or a lesser sentence is appropriate in the circumstances.
- 2 Whether the accused's mitigation and personal circumstances warrant leniency in sentencing.
Ratio Decidendi
The court considered the accused's status as a first offender, his personal and family circumstances, the presentence report, and the views of the deceased's family, who requested leniency. The court found that the mandatory death sentence was not appropriate in this case and exercised its discretion to impose a ten-year imprisonment term, to be calculated from the date of arrest. The court emphasized the need to individualize sentencing and take into account mitigating factors, as established in jurisprudence following the Muruatetu decision.
Court Disposition
Accused sentenced to ten years imprisonment from date of arrest.
Orders
- The accused, Abisaye Odhiambo Ombija, is sentenced to serve ten years imprisonment to be calculated from 5th May 2020.
- Right of appeal within 14 days to the Court of Appeal.
Full Case Text
Judgment text and source record
26 paragraphs
State v Ombija (Criminal Case 13 of 2020) [2024] KEHC 3976 (KLR) (23 April 2024) (Resentence)
Neutral citation: [2024] KEHC 3976 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 13 of 2020
RE Aburili, J
April 23, 2024
Between
State
Prosecution
and
Abisaye Odhiambo Ombija
Accused
Resentence
1. The accused Abisaye Odhiambo Ombija was convicted of the offence of murder contrary to Section 203 of the Penal Code. This was on 21st March 2024.
2. He mitigated and his counsel Mr. Maua mitigated on his behalf too. He is a first offender and prays for leniency. He is a young man and that his wife left with their child to unknown destination. He wishes to go and get her back after leaving prison.
3. The Presentence report points the accused as a person of good character except wherein he took alcohol is when he became violent hence his wife left him due to violence.
4. That him and the deceased were bosom friends and neighbours. He is a breadwinner to his aged mother.
5. The deceased’s family were interviewed and his mother asked for lenient sentence against the accused in view of the circumstances of this case where there are now new allegations of the family of the deceased having assaulted him and that the accused only completed the assault when he forced the deceased to return to his home. This was never part of the evidence in court.
6. The accused and deceased used to live in the same house because the deceased’s house was demolished.
7. Punishment for murder is death. However, this is not mandatory and the court can impose any other sentence having regard to the circumstances of each case.
8. Taking into account all the above, I exercise discretion and sentence the accused person Abisaye Odhiambo Ombija to serve ten years imprisonment to be calculated from date of his arrest on 5th May 2020.
9. Right of Appeal is 14 days of today to the Court of Appeal.
10. This file is closed.
11. I so order.
Dated, Signed and Delivered at Kisumu this 23rd Day of April, 2024R.E. ABURILIJUDGEPage 2 of 2