Kisumu court sentences man to 50 years in prison for murder

A Kisumu man, Sebby Roy Oyugi, has been sentenced to 50 years in prison after the Kisumu High Court convicted him of murdering David Omondi Haya, finding he acted with malice aforethought, pursued and fatally stabbed the unarmed victim, relying on eyewitness and forensic evidence, with the term factoring in time already spent in custody during trial.

In a statement on Tuesday, the Office of the Director of Public Prosecutions confirmed that the conviction and sentencing followed proceedings before Justice Joe M. Omido at the Kisumu High Court, where the court heard evidence from nine witnesses alongside forensic analysis linking the accused to the crime.

In its judgment, the court stated that “Sebby Roy Oyugi was found guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code,” following events that unfolded on June 3, 2021, at Mamboleo Junction in Kisumu East Sub-County.

The court heard that the accused “deliberately armed himself with a knife obtained from a nearby mutura vendor, pursued the deceased, who was unarmed and fleeing, and stabbed him once on the upper left side of the back,” leading to fatal injuries.

According to the judgment, “the stab wound penetrated the chest cavity, damaged the left lung, and caused a massive haemorrhage, resulting in the death of the deceased.”

Prosecutors told the court that eyewitnesses saw the accused arm himself, chase the victim and flee the scene on a motorcycle after the attack, while DNA analysis confirmed that blood stains on the recovered knife matched the deceased’s profile.

Justice Omido found that the accused acted with malice aforethought, noting that he had issued threats before the attack, deliberately acquired a lethal weapon, pursued a fleeing victim and targeted a vulnerable part of the body.

The court rejected the defence of intoxication and alleged temporary insanity, stating that voluntary intoxication does not amount to a mental disease under the Penal Code and that the accused failed to prove insanity on a balance of probabilities.

In sentencing, the court observed that “the attack was deliberate, senseless and demonstrated a complete disregard for the sanctity of human life,” adding that aggravating factors outweighed mitigating circumstances such as being a first offender and expressing remorse.

The court further considered allegations that the accused threatened witnesses and the deceased’s family during the trial, concluding that a non-custodial sentence would have been inappropriate given the seriousness of the offence.

The 50-year sentence was imposed with credit for time already served in custody, and the court highlighted that it was intended to reflect society’s condemnation of murder, deter similar offences, protect the public and allow for possible rehabilitation and reintegration in future.