A Kisumu High Court has sentenced a 48-year-old man to 50 years in prison for the murder of David Omondi Haya, in a case prosecuted by the Office of the Director of Public Prosecutions (ODPP).
In a judgment delivered by Justice Joe M. Omido, 48-year-old Sebby Roy Oyugi was found guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
He was subsequently sentenced on June 8, 2026, to serve 50 years’ imprisonment, with the court taking into account the 1,444 days he had already spent in custody awaiting the conclusion of the trial.
The case stemmed from an incident that occurred on June 3, 2021, at Mamboleo Junction in Kisumu East Sub-County. Court proceedings established that Oyugi armed himself with a knife obtained from a nearby mutura vendor before pursuing the deceased, who was unarmed and attempting to flee.
The accused stabbed David Omondi Haya once on the upper left side of the back. The wound penetrated the chest cavity, severely damaged the left lung, and caused massive bleeding, leading to the victim’s death.
During the trial, prosecutor Mercy Mutheu Muema presented evidence from nine witnesses alongside forensic findings to prove that the accused acted with malice aforethought.
Two eyewitnesses testified that they saw Oyugi obtain the knife, chase the deceased and stab him before escaping the scene on a motorcycle.
The prosecution’s case was further strengthened by DNA analysis conducted by the Government Chemist, which confirmed that bloodstains recovered from the murder weapon matched the deceased’s DNA profile.
In his judgment, Justice Omido noted that the accused had threatened the deceased before the attack, deliberately acquired a deadly weapon, pursued a fleeing victim and targeted a vital part of the body.
The court dismissed Oyugi’s defence that he was intoxicated and temporarily insane at the time of the offence, ruling that voluntary intoxication does not amount to a mental illness under Section 12 of the Penal Code. The judge also found that the accused had failed to prove insanity on a balance of probabilities.
While sentencing, Justice Omido described the killing as deliberate and senseless, saying it demonstrated a complete disregard for the sanctity of human life.
The court found that several aggravating factors outweighed the mitigating circumstances presented by the defence. These included prior threats made against the deceased, the deliberate acquisition of a weapon, the pursuit of the victim and the accused’s attempt to flee after the attack.
Although the court considered Oyugi’s status as a first offender, his expression of remorse and his participation in religious and rehabilitation programmes while in custody, it held that a non-custodial sentence would be inappropriate given the seriousness of the offence.
Justice Omido also took into account concerns raised in the pre-sentence report, including allegations that the accused threatened members of the deceased’s family and witnesses during the trial.
The court said the 50-year custodial sentence was necessary to reflect society’s condemnation of the unlawful taking of human life, deter similar offences and protect the public, while still leaving room for the offender’s eventual reintegration into society.
