[2020] KEHC 8961 (KLR)
The court found that the petitioner was sentenced to a mandatory death penalty, which was upheld on appeal, and that he did not pursue further appeals. However, following the Supreme Court's decision in Francis Muruatetu, which rendered the mandatory nature of the death penalty unconstitutional, the petitioner is...
Source-derived case information.
- Citation
- [2020] KEHC 8961 (KLR)
- Parties
- Petitioner: Joseph Owino Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Application 48 of 2019
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition allowed; matter remitted for mitigation and resentencing.
- Judges
- RE Aburili
- Legal Topics
- Mandatory Sentencing, Resentencing, Mitigation of Sentence, Application of Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Owino Oloo
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision in Francis Muruatetu.
- 2 Whether the mandatory death sentence imposed on the petitioner should be revisited in light of new jurisprudence.
Ratio Decidendi
The court found that the petitioner was sentenced to a mandatory death penalty, which was upheld on appeal, and that he did not pursue further appeals. However, following the Supreme Court's decision in Francis Muruatetu, which rendered the mandatory nature of the death penalty unconstitutional, the petitioner is entitled to be heard in mitigation and to be resentenced. The court therefore directed that the petitioner be produced before the trial court for mitigation and resentencing, ensuring compliance with the new constitutional standards regarding sentencing.
Court Disposition
Petition allowed; matter remitted for mitigation and resentencing.
Orders
- The petitioner to appear before the Principal Magistrate’s Court at Siaya for mitigation and resentencing in Criminal Case No. 407 of 2010.
- The trial record to be traced and a production order to issue by the trial court.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 48 OF 2019
JOSEPH OWINO OLOO.........................PETITIONER
VERSUS
REPUBLIC ............................................. RESPONDENT
(Being a Petition for resentencing from Siaya Principal Magistrate’s Court Criminal Appeal No. 407 of 2010 dated 2. 10. 2013 and Kisumu Court of Appeal CRA No. 114 of 2013)
JUDGMENT
1. As the Petitioner was handed mandatory death sentence which was upheld by the High Court on Appeal, and as the Petitioner did not file any appeal since, as submitted, he committed the offence but he is remorseful, and as the Francis Muruatetu decision came after his conviction and sentences, I order the Petitioner to appear before the Principal Magistrate’s Court at Siaya for mitigation and resentencing in Siaya Principal Magistrate’s Court Criminal Case No. 407 of 2010.
2. The trial record to be traced and a production order do issue by the trial court.
3. These proceedings be typed and served on the Principal Magistrate’s Court at Siaya for appropriate action.
4. File Closed.
Dated, Signed and Delivered at Siaya this 22nd day of January 2020.
R. E. ABURILI
JUDGE
In the presence of:
The Petitioner in person
Mr. Okachi SPPC for Respondent
CA: Brenda and Modestar