[2022] KEHC 12607 (KLR)
The court found that the accused unlawfully killed his uncle with malice aforethought, motivated by greed for family land. The court observed the accused's lack of remorse and intimidating behavior towards a witness. Although the law prescribes the death penalty for murder, the court exercised its discretion,...
Source-derived case information.
- Citation
- [2022] KEHC 12607 (KLR)
- Parties
- Applicant: State; Defendant: Chrispine Omondi Onyore
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E036 of 2021
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused convicted of murder and sentenced to life imprisonment.
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing, Malice Aforethought, Mitigation, Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Chrispine Omondi Onyore
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused unlawfully killed the deceased with malice aforethought.
- 2 What is the appropriate sentence for the offence of murder in the circumstances of this case.
Ratio Decidendi
The court found that the accused unlawfully killed his uncle with malice aforethought, motivated by greed for family land. The court observed the accused's lack of remorse and intimidating behavior towards a witness. Although the law prescribes the death penalty for murder, the court exercised its discretion, considering the aggravating circumstances and lack of mitigation, to sentence the accused to life imprisonment.
Court Disposition
Accused convicted of murder and sentenced to life imprisonment.
Orders
- The accused, Chrispine Omondi Onyore, is sentenced to life imprisonment.
- Right of appeal within 14 days to the Court of Appeal explained.
Full Case Text
Judgment text and source record
20 paragraphs
State v Onyore (Criminal Case E036 of 2021) [2022] KEHC 12607 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12607 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E036 of 2021
RE Aburili, J
June 30, 2022
Between
State
Prosecution
and
Chrispine Omondi Onyore
Accused
Ruling
1. I have considered the circumstances under which the offence of murder herein was committed and the mitigation by the accused person. The accused person unlawfully killed his uncle with malice aforethought so that he could get the family land. That is what is clear from the evidence on record.
2. The accused is a greedy person who has no respect for life. He cannot live and let others die like dogs. He does not even show remorse and during the trial, this court observed how he was intimidating the deceased’s child, PW2 from giving evidence. He also maintains his innocence.
3. Punishment for murder is death. The accused was heartless merciless. I hereby exercise discretion and sentence the accused person herein Chrispine Omondi Onyore to serve life imprisonment.
4. Right of appeal 14 days to the Court of Appeal explained.
5. File closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 30TH DAY OF JUNE, 2022R E ABURILIJUDGE