Case Metadata |
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Case Number: | Criminal Case 18 of 2009 |
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Parties: | SAMUEL ODHIAMBO ODONGO v REPUBLIC |
Date Delivered: | 25 Jul 2012 |
Case Class: | Criminal |
Court: | Court of Appeal at Kisumu |
Case Action: | Ruling |
Judge(s): | Hilary Kiplagat Chemitei |
Citation: | SAMUEL ODHIAMBO ODONGO v REPUBLIC[2012]eKLR |
Court Division: | Criminal |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
Criminal Case 18 of 2009
SAMUEL ODHIAMBO ODONGO alias WESONGA ……............ACCUSED
REPUBLIC …………………………………......…………......……APPELLANT
I have heard the appellant\'s submissions on sentence. He is a family young person with a young family. However the action of arming himself and killing the deceased was unwarranted and unprovoked. There was no apparent reason at all.
It is now well settled that death penalty in which the accused person deserved is no longer the only appropriate punishment. The alternative is custodial or non custodial sentence.
Taking the circumstances of this case including the accused\'s mitigation as well as that of prosecutions. I shall sentence the accused to serve twenty five (25) years custodial sentence from the date of this Ruling.
Dated, signed and delivered at Kisumu this 25th day of July 2012
In the presence of: