REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
HCCR CASE NO. E037 OF 2022
REPUBLIC …………………………………………………. PROSECUTION
VERSUS
CHARLES MAKUNDA OMUKALA ………………………….. ACCUSED
RULING ON SENTENCE.
Charles Makunda Omukala has been convicted by this court of the murder of Philip Ongamo. He is a first offender.
I have considered the pre-sentence report. He is 50 years old and has a family. The victim’s family is still bitter with the accused. The report recommends a non–custodial sentence.
The accused's mitigation, as presented by his counsel, is that he is a first-time offender. He has a family, and his children depend on him. The children are undergoing difficulties. The accused and deceased were friends. The accused took himself to the police. He is not in good health.
I have considered all the above, including the manner in which the deceased met his death. His actions were deliberate. He caused the death of a person who had not offended him. His counsel’s submission that his health isn’t good has not been supported by any medical report.
I have also considered the guidelines on sentencing. In my view, the accused does not warrant a non-custodial sentence. I therefore sentence the accused to serve fifteen years' imprisonment. The period he has been in remand shall be taken into account as provided under Section 333 (2) of the Criminal Procedure Code. He has been in custody since 28.12.2022. The accused person has a right of appeal within 14 days.
Dated, Signed, and Delivered at BUNGOMA this 5 TH day of June,2025.
R.E. OUGO
JUDGE
In the presence of:
Charles Makunda Omukala/ Accused
Defence Counsel - Absent
Miss Matere -For State
Wilkister -C/A
IN THE HIGH COURT OF KENYA AT BUNGOMA
HCCR CASE NO. E037 OF 2022
REPUBLIC …………………………………………………. PROSECUTION
VERSUS
CHARLES MAKUNDA OMUKALA ………………………….. ACCUSED
RULING ON SENTENCE.
Charles Makunda Omukala has been convicted by this court of the murder of Philip Ongamo. He is a first offender.
I have considered the pre-sentence report. He is 50 years old and has a family. The victim’s family is still bitter with the accused. The report recommends a non–custodial sentence.
The accused's mitigation, as presented by his counsel, is that he is a first-time offender. He has a family, and his children depend on him. The children are undergoing difficulties. The accused and deceased were friends. The accused took himself to the police. He is not in good health.
I have considered all the above, including the manner in which the deceased met his death. His actions were deliberate. He caused the death of a person who had not offended him. His counsel’s submission that his health isn’t good has not been supported by any medical report.
I have also considered the guidelines on sentencing. In my view, the accused does not warrant a non-custodial sentence. I therefore sentence the accused to serve fifteen years' imprisonment. The period he has been in remand shall be taken into account as provided under Section 333 (2) of the Criminal Procedure Code. He has been in custody since 28.12.2022. The accused person has a right of appeal within 14 days.
Dated, Signed, and Delivered at BUNGOMA this 5 TH day of June,2025.
R.E. OUGO
JUDGE
In the presence of:
Charles Makunda Omukala/ Accused
Defence Counsel - Absent
Miss Matere -For State
Wilkister -C/A