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DNA Evidence Seals 50-Year Murder Sentence in Kisumu Case

The Director of Public Prosecutions (DPP) has secured the conviction of 48-year-old Sebby Roy Oyugi, who has been sentenced to 50 years in prison for the murder of David Omondi Haya following a judgment delivered at the Kisumu High Court.

In a ruling delivered on 16 April 2026 by Justice Joe M. Omido, the court found Oyugi guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code. He was later sentenced on 8 June 2026 to serve 50 years’ imprisonment, with the court factoring in the 1,444 days he had already spent in custody awaiting trial.

The court heard that the offence occurred on 3 June 2021 at Mamboleo Junction in Kisumu East Sub-County, where the accused allegedly armed himself with a knife obtained from a mutura vendor, pursued the unarmed victim, and stabbed him once in the upper left back.

Prosecutors, led by Ms. Mercy Mutheu Muema, presented nine witnesses alongside forensic evidence, including DNA analysis from the Government Chemist, which confirmed that blood stains on the recovered knife matched the deceased’s DNA profile. The court was also told that eyewitnesses saw the accused arm himself, chase the victim, and flee the scene on a motorcycle.

In his judgment, Justice Omido found that the accused had issued prior threats, deliberately armed himself, and targeted a vulnerable part of the victim’s body, concluding that the actions demonstrated malice aforethought.

The court further dismissed the defence of intoxication and alleged insanity, ruling that voluntary intoxication does not constitute a legal defence under the Penal Code and that the accused failed to prove insanity on a balance of probabilities.

The judge described the attack as deliberate, senseless, and a clear disregard for the sanctity of human life. He noted that aggravating factors, including prior threats, pursuit of the victim, and flight from the scene, outweighed mitigating circumstances such as the accused being a first offender, his expression of remorse, and participation in rehabilitation programmes.

The court also observed concerns raised in the pre-sentence report, including allegations that the accused had threatened witnesses and the deceased’s family during the trial period, finding that a non-custodial sentence would not be appropriate.

Justice Omido ruled that the 50-year sentence was intended to reflect the seriousness of the offence, serve as a deterrent, and protect the public, while still allowing for the possibility of eventual reintegration into society.

Centrine Ogonyo

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