[2019] KEHC 937 (KLR)
The court found that, in light of recent legal developments regarding the unconstitutionality of mandatory death sentences, the petitioner's sentence for robbery with violence should be reviewed. The court considered the seriousness of the offence, the fact that the victim suffered severe harm and prolonged...
Source-derived case information.
- Citation
- [2019] KEHC 937 (KLR)
- Parties
- Appellant: Jared Otieno Odindo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 42 of 2018
- Procedural Posture
- Criminal Petition / Resentencing After Conviction and Dismissal of Appeals
- Outcome
- Death sentence set aside; substituted with thirty-five years' imprisonment from 19th February 2010.
- Judges
- DN Musyoka
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Resentencing, Death Penalty Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Otieno Odindo
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Resentencing After Conviction and Dismissal of Appeals
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence should be reviewed in light of recent legal developments.
- 2 What is the appropriate sentence for the petitioner given the circumstances of the offence and the probation report.
Ratio Decidendi
The court found that, in light of recent legal developments regarding the unconstitutionality of mandatory death sentences, the petitioner's sentence for robbery with violence should be reviewed. The court considered the seriousness of the offence, the fact that the victim suffered severe harm and prolonged hospitalization, and the petitioner's negative probation report, which highlighted his criminal history and lack of community support. Balancing these factors, the court substituted the death sentence with a term of thirty-five years' imprisonment, to be calculated from the original sentencing date.
Court Disposition
Death sentence set aside; substituted with thirty-five years' imprisonment from 19th February 2010.
Orders
- The death sentence imposed in Butere SRMCCRC No. 480 of 2008 is set aside.
- The petitioner is sentenced to thirty-five (35) years imprisonment, to run from 19th February 2010.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. 42 OF 2018
JARED OTIENO ODINDO..................................................PETITIONER
VERSUS
REPUBLIC...........................................................................RESPONDENT
RULING
1. The petitioner herein had been convicted in Butere SRMCCRC No. 480 of 2008 of robbery with violence and was sentenced to death. His appeals to the High Court and the Court of Appeal, in Kakamega HCCRA No. 50 of 2010 and Kisumu CACRA No. 250 of 2012, were dismissed.
2. He has now come back to court asking for re-hearing with respect to sentencing. No doubt this was prompted by the recent developments in the Kenyan law with respect to mandatory sentences. The sentence prescribed in law for robbery with violence is mandatory death.
3. I called for the filing of a probation report to guide me in re-sentencing. I have read through report. It is not favourable. The community is said to be not ready to receive the petitioner. He had many criminal cases, and was a member of a dangerous gang that terrorized locals.
4. The record of the trial court indicates that during the commission of the offence, the subject of these proceedings, the victim was beaten so badly that he lost consciousness and was hospitalized for three and half months.
5. In view of the recent developments on mandatory sentences, I hereby review the sentence that was pronounced against the appellant by the trial court in Butere SRMCCRC No. 480 of 2008, the death penalty, and I do hereby substitute the said sentence with a sentence of thirty-five (35) years imprisonment. The said sentence shall reckon from the `19th February 2010.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2019
W. MUSYOKA
JUDGE