[2018] KEHC 4452 (KLR)

[2018] KEHC 4452 (KLR)

The court found that the petition was substantially similar to a previous petition (No. 6/2018) in which it had already determined that the applicant was suitable for a custodial sentence of 15 years, calculated from the date of arraignment. The court held that, in light of the Supreme Court's decision in Muruatetu, the death sentence as commuted to life imprisonment should be set aside and substituted with a 15-year prison sentence. The court considered the petitioner's mitigation, rehabilitation, and the period already served. The court declined to order an acquittal or retrial, finding no sufficient basis for such relief under Article 50(6)(b), as the alleged new evidence was not...

Citation
[2018] KEHC 4452 (KLR)
Parties
Applicant: Moses Odongo Odinga; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
31 August 2018
Case Number
Petition 4 of 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition partially allowed
Judges
RE Aburili
Legal Topics
Resentencing After Supreme Court Guidance, Robbery With Violence, New and Compelling Evidence, Mitigation and Rehabilitation, Alternative Dispute Resolution
Source Language
English
Criminal Law Constitutional Law Resentencing After Supreme Court Guidance Robbery With Violence New and Compelling Evidence Mitigation and Rehabilitation Alternative Dispute Resolution

Case Brief

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Parties

Moses Odongo Odinga

Applicant

Republic

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to acquittal or retrial based on new and compelling evidence as per Article 50(6)(b) of the Constitution.
  2. 2 Whether the death sentence imposed for robbery with violence should be substituted with a determinate custodial sentence in light of the Supreme Court decision in Muruatetu.
  3. 3 Whether the period already served, mitigation, and rehabilitation of the petitioner warrant a reduction of sentence.

Ratio Decidendi

The court found that the petition was substantially similar to a previous petition (No. 6/2018) in which it had already determined that the applicant was suitable for a custodial sentence of 15 years, calculated from the date of arraignment. The court held that, in light of the Supreme Court's decision in Muruatetu, the death sentence as commuted to life imprisonment should be set aside and substituted with a 15-year prison sentence. The court considered the petitioner's mitigation, rehabilitation, and the period already served. The court declined to order an acquittal or retrial, finding no sufficient basis for such relief under Article 50(6)(b), as the alleged new evidence was not...

Court Disposition

petition partially allowed

Orders

  • The death sentence as commuted to life imprisonment is set aside.
  • The petitioner is sentenced to 15 years imprisonment to be calculated from the date of arraignment in the trial court.