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High CourtPartially AllowedCriminal Case No. 2 of 2020

Republic v Felix Odhiambo Ngesa alias Odhis

High Court of Kenya
28 July 2020
RAR.E. Aburili
838 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A guilty plea and strong mitigating factors can override mandatory death sentences in Kenya, leading to a term sentence.

What this practically means

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Executive summary

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The accused, Felix Odhiambo Ngesa alias Odhis, was charged with the murder of Maurice Otieno Nyakoyo, committed on 24 December 2019 at Nyangande Rachar Village, Rarieda Sub County, Siaya County, contrary to section 203 of the Penal Code. He pleaded not guilty on 28 January 2020, but subsequently entered into a plea bargaining agreement with the State dated 28 July 2020. The charge and its particulars were read afresh to him in Dholuo, a language he understood, and he pleaded guilty. The prosecution, through Senior Principal Prosecution Counsel Mr. Okachi, read the facts and produced a post mortem report by Dr. Collins Otieno Oginga showing death resulted from sudden cardio respiratory collapse following severe lung injury with heavy bleeding into the chest from a penetrating chest injury inflicted by a heavy sharp object. The accused admitted the facts and was convicted on his own plea of guilty. In mitigation, the 25-year-old first offender expressed remorse and prayed for a term sentence. The deceased's widow, Salome Auma Otieno, his uncle Kennedy Ochieng and his brother Jackton Omondi Nyakoyo addressed the court, forgiving the accused but noting the family's pain and the loss of their breadwinner. The court noted the constitutional right to life and the mandatory death sentence under section 204 of the Penal Code, but, weighing the guilty plea, remorse, youth, first-offender status and the victims' forgiveness, sentenced the accused to ten years imprisonment calculated from his arrest on 25 December 2019, accounting for time spent in custody. The right of appeal was explained and the file closed.

Key legal issues

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Sentencing for murder upon a guilty plea entered through plea bargaining

Holding

The court imposed a term sentence of 10 years instead of the mandatory death sentence, taking into account the plea, remorse, youth, first-offender status and victims' forgiveness

Reasoning

The court weighed the constitutional right to life and the mandatory death sentence against the accused's guilty plea which saved court and State time and resources, his remorse, age of 25 years, first-offender status, and the forgiveness expressed by the widow, uncle and brother of the deceased, while still requiring punishment for the loss of life.

p. 1

Legal principles established

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  • A plea of guilty following a plea bargaining agreement, with admission of facts, supports conviction on the accused's own plea
  • Murder carries a mandatory death sentence under section 204 of the Penal Code, but a guilty plea, remorse, youth and first-offender status justify a term sentence

Court orders

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  1. 1.Conviction of the accused on his own plea of guilty to murder
  2. 2.Sentence of ten (10) years imprisonment calculated from the date of arrest on 25/12/2019, taking into account time spent in custody
  3. 3.Right of appeal explained
  4. 4.File closed
Jurisdiction invoked
Original criminal jurisdiction over murder under the Penal Code; plea bargaining agreement under the plea bargaining framework

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Felix Odhiambo Ngesa alias Odhis", Case Analysis (2020). Criminal Case No. 2 of 2020. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.