KISUMU, Kenya — The High Court in Kisumu has sentenced a 48-year-old man to 50 years in prison for the murder of David Omondi Haya, bringing to a close a case that stemmed from a fatal knife attack at Mamboleo Junction nearly five years ago.
Justice Joe M. Omido imposed the sentence on June 8 after finding Sebby Roy Oyugi guilty of murder contrary to Section 203 as read together with Section 204 of the Penal Code. The conviction was entered on April 16, 2026. The court directed that the accused be credited for the 1,444 days he had already spent in custody awaiting trial.
According to evidence presented by the Office of the Director of Public Prosecutions (ODPP), the incident occurred on June 3, 2021, in Kisumu East Sub-County. Prosecutors told the court 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 court heard that the accused stabbed 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 his death.
The prosecution, led by State Counsel Mercy Mutheu Muema, relied on testimony from nine witnesses and forensic evidence to prove the charge. Two eyewitnesses testified that they saw the accused obtain the knife, chase the victim, and carry out the attack before escaping on a motorcycle.
Forensic evidence also played a key role in the case. DNA analysis conducted by the Government Chemist established that blood recovered from the knife matched the deceased’s DNA profile, strengthening the prosecution’s case.
In his judgment, Justice Omido found that the accused acted with malice aforethought. The judge noted that Oyugi had issued threats against the deceased before the attack, deliberately armed himself, and pursued a fleeing victim before targeting a vulnerable part of the body.
The court rejected the defence argument that intoxication and temporary insanity diminished criminal responsibility. Justice Omido held that voluntary intoxication does not amount to a mental disease under Section 12 of the Penal Code and ruled that the accused had failed to prove insanity on a balance of probabilities.
While considering the sentence, the court acknowledged mitigating factors, including the accused’s status as a first offender, expressions of remorse, and participation in religious and rehabilitation programmes while in custody. However, the judge found that these factors were outweighed by the gravity of the offence and the aggravating circumstances surrounding the killing.
Justice Omido further cited allegations contained in a pre-sentence report that the accused had threatened members of the deceased’s family and witnesses during the trial, concluding that a non-custodial sentence would be inappropriate.
The court said the 50-year custodial sentence was necessary to reflect society’s condemnation of unlawful killings, deter similar crimes, and protect the public while preserving the possibility of eventual reintegration into society. The ruling marks one of the most significant murder sentences handed down by the Kisumu High Court in recent years.