[2024] KEHC 11768 (KLR)
The court found that the applicant, having already been resentenced from death to thirty-five years imprisonment pursuant to the Muruatetu decision, was not entitled to a further reduction of sentence on the same grounds. Entertaining repeated applications for sentence reduction after a final resentencing would...
Source-derived case information.
- Citation
- [2024] KEHC 11768 (KLR)
- Parties
- Applicant: Daniel Otieno Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E042 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Sentence Reduction After Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Resentencing, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Otieno Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Reduction After Resentencing
Legal Issues
- 1 Whether the applicant is entitled to a further reduction of sentence after resentencing under the Muruatetu guidelines.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant, having already been resentenced from death to thirty-five years imprisonment pursuant to the Muruatetu decision, was not entitled to a further reduction of sentence on the same grounds. Entertaining repeated applications for sentence reduction after a final resentencing would amount to an abuse of the court's process. The application was therefore dismissed as devoid of substance and the file ordered closed.
Court Disposition
application dismissed
Orders
- The application dated 16/8/2023 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ochieng v Republic (Criminal Miscellaneous Application E042 of 2023) [2024] KEHC 11768 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11768 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E042 of 2023
RE Aburili, J
September 27, 2024
Between
Daniel Otieno Ochieng
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence in Siaya High Court vide Criminal Case No. 11 of 2015 delivered by Hon. Judge J. A MAKAU - J dated 16/3/2017)
Ruling
1. The Applicant is Daniel Otieno Ochieng vide Siaya HCCR 11/2015, he was tried, convicted and sentenced to death by J. Makau, -J. He petitioned for resentencing vide Misc. Cr. Application No. E080/2021 and this court resentenced him to serve thirty-five (35) years imprisonment vise ruling of 21/7/2021. The term sentence was to run from the date of his arrest. The resentencing was pursuant to the Francis Muruatetu & Ano. v R [2017] eKLR decision by the Supreme Court which held that murder convicts sentenced to death could be resentenced since the death sentence was no longer mandatory.
2. Now the convict is before the same court seeking for sentence reduction. Based on mitigation factors.
3. I have considered the application dated 16/8/2023 and find it an abuse of this court’s process. The applicant/convict cannot have his cake and eat it; or have a bite at the cherry severally in the legal process.
4. The application dated 16/8/2023 is hereby found to be devoid of any substance. It is dismissed and this file closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE