• The plea deal not disclosed. The man lied about the facts, didn’t show remorse and had already served just two years, leaving 10 to serve.
• He was feared and disliked, had a long string of unreported felonies; said he was sole breadwinner.
Image: FILE
A 63-year-old man who fatally bashed his cousin’s head with a panga struck a plea deal that saved him from death or long imprisonment - he’ll serve only 10 years behind bars.
In fact, the man was tipped for a non-custodial sentence upon conviction of a lesser charge of manslaughter, but his past showed he had a generally toxic relationship with neighbours, had committed multiple unreported felonies and his chances of committing another crime was high.
The court determined that Samuel Omindo committed the act on August 20, 2021, in a village in Vihiga when his cousin David Obege passed by his home to greet him.
A brief quarrel ensued and Omindo hit him on the head, causing him deep cut wounds.
The victim was left bleeding on the roadside where children saw him and reported to police. He was rushed to a hospital where he died.
It emerged that the two had a long running bad blood and an unabated grudge.
The man pleaded guilty in a deal with the ODPP and was charged with a lesser charge of manslaughter.
He was convicted.
During sentencing, the man pleaded with the court for a non-custodial sentence, citing his age and that he had children who looked up to him for provision.
However, the probation report showed the man was not remorseful and had not made any efforts to reconcile with the family whose member he murdered.
The victim’s family was still bitter.
The report also found that the man was feared and disliked in his community as his temper was untamed and he was easily given to violence.
Also, the report dated September 25 last month indicated the man continued to distort the facts of the case, even during his mitigation, signalling his unrepentance.
During the mitigation, Omindo said that on the day of the killing, he was looking after cattle at about 1pm when the deceased came to his house, insulted him and threatened him with a panga.
He claimed to have then hit his victim with a rungu, wrestled the panga from him and cut him twice on the head.
The accused person said that he was remorseful for having acted out of anger and provocation.
“On the other hand, the Probation Office established the accused person and the deceased had a toxic relationship and the accused person killed the victim just for greeting him."
The probation officer noted the accused person was not remorseful and his version of what transpired was different from what actually happened.
“The deceased’s wife was still bitter with the accused for having killed the deceased for no apparent reason,” the report said.
She had not forgiven him and was now making and selling mats to eke out a living.
The community and local administration said that the accused was a bhang smoker, very stubborn, noisy, disagreeable and never at peace with neighbours.
He was said to have had a long list of unreported felonies.
The community was still hostile and opposed his release on a non-custodial sentence.
“The Probation Office did not find him suitable for a non-custodial sentence,” the report said, sinking the man’s hope for a conditional freedom.
By the time of sentencing early this month, the man had been in custody for two years.
The judge ordered him to be incarcerated for 12 years, taking the two years he has spent behind bars into account, effectively making time 10 years.
“…it is hereby directed that the accused person be and is hereby sentenced to 12 years imprisonment to run from today. The period he spent from when he was first arraigned in court on September 23."