https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12672
The application failed because the Court had already addressed and upheld the sentence in its judgment of 23rd May 2025, the Court had no jurisdiction to review a sentence confirmed by itself, and any further challenge to sentence had to be taken by way of appeal. The Court also relied on current Supreme Court...
Source-derived case information.
- Citation
- [2026] KEHC 12672 (KLR)
- Parties
- Applicant: FREDRICK OUMA ODOKI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E003 of 2026
- Procedural Posture
- Miscellaneous Application for Sentence Review / Ruling on Application
- Outcome
- Application dismissed
- Judges
- ["SM Mohochi"]
- Legal Topics
- Sentence Review, Mandatory Minimum Sentences, Sexual Offences Sentencing, Jurisdiction to Review Sentence, Appellate Sentence Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FREDRICK OUMA ODOKI
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Application for Sentence Review / Ruling on Application
Legal Issues
- 1 Whether the Applicant is entitled to sentence review on the basis of lesser sentence jurisprudence
- 2 Whether this Court has jurisdiction to review a sentence it had previously confirmed
- 3 Whether the Supreme Court’s later sentencing jurisprudence displaces the confirmed sentence
Ratio Decidendi
The application failed because the Court had already addressed and upheld the sentence in its judgment of 23rd May 2025, the Court had no jurisdiction to review a sentence confirmed by itself, and any further challenge to sentence had to be taken by way of appeal. The Court also relied on current Supreme Court authority confirming the constitutionality of minimum sentences under the Sexual Offences Act.
Court Disposition
Application dismissed
Orders
- The application for sentence review is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUSIA** **MISCELLANEOUS APPLICATION NO. E003 OF 2026** **FREDRICK OUMA ODOKI……………………………………..APPLICANT** **VERSUS** **REPUBLIC……………………………………………………….RESPONDENT** **RULING** 1. The Applicant filed the Instant undated Application seeking a sentence review arguing that he is entitled to benefit from the least severe sentence seeking reference to the supreme court ruling in Application no 2 of 2019. 2. The Applicant further mitigates on his remorsefulness, good conduct in prison and his high chances of reintegrating back to society. 3. This Court further notes the Partially successful judgment Appeal in Busia Criminal Appeal 47 of 2019 where the main ground of Appeal was only on sentence, on grounds that the trial court failed to consider the current jurisprudence on sentencing; imposed the mandatory minimum sentence, implying that mitigating circumstances were not considered; and that the minimum sentence implied that the discretion of the court in sentencing was not exercised. 4. The Court in judgment clarified the evolved jurisprudence from the supreme court in Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) [2024] KESC 34 (KLR) (Koome, CJ, Ibrahim, Wanjala, Ndung’u & Lenaola, SCJJ), which has asserted that the sentences, prescribed in the Sexual Offences Act, inclusive of the minimum sentences, are lawful and constitutional. The appellant, cannot, therefore, benefit from the discretion proposed in Wachira & 12 others [2022] KEHC 12795 (KLR)(Mativo, J) and Maingi & 5 others v Director of Public Prosecutions & another [2022] KEHC 13118 (KLR) (Odunga, J). 5. This court in its judgment dated 23rd May 2025 extensively dealt with the sentence imposed, the exercise of the discretion by the trial magistrate and found no fault. 6. This Court is thus without jurisdiction to review a confirmed sentence by this same court. Any challenge to the sentence can be a subject of Appeal. 7. I thus find the Application to be without merit and the same is dismissed. It is so ordered. **Signed, Dated and Delivered in virtually at Busia** **on this 30th July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **MOHOCHI S.M** **PRESIDING JUDGE**