• The convict urged the court to consider the two years he spent in police custody since his arrest on August 20, 2021.
• He said he was remorseful and asked for mercy on the grounds that he was a 63-year-old single father of four, who depended on him.
David Obege left his home at Enzaro in South Maragoli on August 20, 2021 to attend a friend's funeral.
On the way to the service, he passed through his cousin Samuel Omindo's homestead and paused his journey for a chat.
The greetings, however, led to a quarrel of sorts as the two had a strained relationship, and soon a fight broke out between them.
Things escalated and Omindo, 63, ended up hitting his cousin on the head.
After the assault, the victim, who sustained deep cut wounds on his head, was left bleeding by the roadside.
Children passing by found Obege and had him rushed to a dispensary where he died while undergoing treatment.
Area assistant chief informed the police about the incident who in turn took the deceased’s body to Vihiga County Referral Hospital Mortuary for autopsy.
Postmortem showed that Obege's death was caused by intracranial haemorrhage (bleeding in the brain) due to deep cut wounds.
Three days later on August 24, 2021, Omindo was arrested and after investigations, he was charged with murder at the Vihiga High Court.
On July 31, 2023, he entered a Plea Agreement and was convicted with manslaughter.
Omindo urged the court to sentence him to five years imprisonment, while the state recommended a seven-year sentence.
In his mitigation, the convict said he was remorseful. He asked for mercy on the grounds that he was a 63-year-old single father of four, who depended on him.
Omindo urged the court to consider the two years he spent in police custody since his arrest on August 20, 2021.
While objecting to a non-custodial sentence, the probation office told the court that Obege's wife was still bitter with her husband's killer and was yet to forgive Omindo.
Further, the pre-sentencing report submitted by the office showed that the feelings of the community and local administration towards Omindo were still hostile.
According to them, the man was stubborn, noisy, disagreeable, never at peace with neighbours and a bhang smoker.
Omindo is said to have had a long list of unreported felonies and the community was still hostile and not accommodative of his release on a non-custodial sentence.
"The Probation Office did not therefore find him suitable to consider him for a non-custodial sentence," the court document reads.
Judge Jacqueline Kamau considered the submissions and noted that the principle of sentencing is fairness, justice, proportionality and commitment to public safety.
The main objectives of sentencing are retribution, incapacitation, deterrence, rehabilitation and reparation.
She pointed out that there was no evidence to suggest that the deceased provoked his cousin warranting him to hit him with a panga.
Considering this, she concluded that it was necessary that any punishment that was meted to Omindo deters him from committing a similar action in the future.
"It was also important that the sentence communicate to the community, condemnation of his criminal act. The sentence would indirectly send a strong signal to deter would-be offenders from committing such an offence," the judge added.
While delivering her judgment on October 5, Judge Kamau imposed a 12- year sentence on the convict.
"Having considered the facts of this case and the Accused person’s mitigation, this court has come to the firm conclusion that a sentence of 12 years would be suitable and adequate herein," the judge said.
The court took into account the time Omindo spent in custody while awaiting the verdict from September 23, 2021 to October 4, 2023.
"Accordingly, it is hereby directed that the accused person be and is hereby sentenced to 12 years imprisonment to run from today (October 5)," the court ordered.