[2023] KEHC 25201 (KLR)
The court found that, despite the accused's mitigation and guilty plea to manslaughter, the aggravating factors—including his violent history, lack of remorse, inability to reintegrate into the community, and the probation officer's recommendation—outweighed the mitigating circumstances. The court determined that a...
Source-derived case information.
- Citation
- [2023] KEHC 25201 (KLR)
- Parties
- Applicant: State; Defendant: Collins Ogutu Omondi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2023
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Mitigation and Aggravation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Collins Ogutu Omondi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term or considered for non-custodial rehabilitation.
- 2 What weight should be given to the mitigating and aggravating factors in sentencing for manslaughter.
Ratio Decidendi
The court found that, despite the accused's mitigation and guilty plea to manslaughter, the aggravating factors—including his violent history, lack of remorse, inability to reintegrate into the community, and the probation officer's recommendation—outweighed the mitigating circumstances. The court determined that a custodial sentence was necessary both for punishment and rehabilitation, and sentenced the accused to 25 years imprisonment, to run from the date of first arraignment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 25 years imprisonment for manslaughter, to run from 24-4-2023.
- Right of appeal within 14 days explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
State v Omondi (Criminal Case E011 of 2023) [2023] KEHC 25201 (KLR) (9 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25201 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E011 of 2023
DO Ogembo, J
November 9, 2023
Between
State
Prosecution
and
Collins Ogutu Omondi
Accused
Ruling
1. The accused person Collins Ogutu Omondi was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that on 12/4/2023, at Siwar ‘B” village, Yenga sub-location, East Ukwala Location, Ugenya Sub County within Siaya County, he murdered one Jenipher Owegi. However, before this case could be heard, the defence and the Prosecution sides entered a Plea bargain agreement. The charges of the accused were accordingly reduced to that of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
2. The accused has pleaded guilty to the lesser charge of Manslaughter and has been convicted of the same. When given the opportunity to mitigate, the accused has raised the following factors for consideration: -i.That he is a first offender,ii.That the offence was committed out of reasonable provocation,iii.That he had no malice,iv.That he has saved court’s time by entering the plea bargain,v.That he is the breadwinner of his family,vi.That he has had time to rethink his actions and is remorseful. He prays for leniency.
3. The Prosecution has not responded to the mitigation of the accused.
4. This court, on its motion called for a probation officer’s Pre-sentence report. The report has duly been filed herein. Salient in the report are the following:1. That the accused was married to the deceased in 2011 and the two had 2 children.2. That he is a ccc patient on medication.3. He uses alcohol.4. That the deceased, while drunk, provoked the accused.5. That upon committing the offence, the accused fled to Nairobi and sought refuge from a relative,6. That the accused is well known to be violent in the village. He is combative and agile, he listens to no one.7. He is still unapologetic while in custody and verbally assaults family members especially one of his sisters.8. His children have been taken by their maternal grandmother, who also buried the deceased.9. He has been ex-communicated from the village and cannot be re-integrated back to the community.
5. In the opinion of the probation officer, the accused is suited for rehabilitation in a correctional facility.
6. I have considered the circumstances of this case. I have also considered the mitigation raised by the accused and the Pre-sentence Report (Social Inquiry Report) filed herein. I am convinced that the aggravating factors herein far outweigh the mitigating factors raised by the accused. I am further convinced that the accused deserves a custodial sentence that would accord him opportunities to acquire tertiary courses and full rehabilitation.
7. In the circumstances, I sentence the accused to serve 25 years imprisonment. This term shall run from 24-4-2023, when he was first arraigned in court.
8. Right of Appeal 14 days explained to the accused.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE9. 11. 2023COURT:RULING READ OUT IN OPEN COURT IN PRESENCE OF THE ACCUSED, MS. AKINYI FOR ACCUSED AND MR. KUBEBEA FOR STATE.D.O. OGEMBOJUDGE9. 11. 2023