[2024] KEHC 15121 (KLR)
The court found that the applicant was lawfully convicted of manslaughter and sentenced to 15 years imprisonment following a plea bargaining agreement. The sentence was within the statutory limits provided by Section 205 of the Penal Code and was imposed after the court exercised its discretion, taking into account...
Source-derived case information.
- Citation
- [2024] KEHC 15121 (KLR)
- Parties
- Applicant: Cleophas Asindi Odenyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 133 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Sentence Revision
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, Plea Bargaining, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cleophas Asindi Odenyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of his 15-year sentence for manslaughter to a community-based sentence.
- 2 Whether the court has discretion to further reduce a sentence already imposed under a plea bargain.
Ratio Decidendi
The court found that the applicant was lawfully convicted of manslaughter and sentenced to 15 years imprisonment following a plea bargaining agreement. The sentence was within the statutory limits provided by Section 205 of the Penal Code and was imposed after the court exercised its discretion, taking into account the circumstances of the case. There was no error, illegality, or new circumstance to warrant further reduction of the sentence. Therefore, the court held that it had no residual discretion to revise the sentence further and dismissed the petition.
Court Disposition
petition dismissed
Orders
- The petition dated 4/4/2024 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Odenyo v Republic (Criminal Petition 133 of 2023) [2024] KEHC 15121 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15121 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition 133 of 2023
RE Aburili, J
November 22, 2024
Between
Cleophas Asindi Odenyo
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner Cleophas Asindi Odongo was charged in Siaya HCCR E007/2021 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code which was reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code via a Plea Bargaining Agreement dated 24/11/2021 and he was sentenced to serve 15 years imprisonment on 24/11/2021. He has petitioned for revision of sentence vide his Petition dated 4/9/2023 to a less severe community-based sentence because he has reformed.
2. I have considered the Petition and submissions dated 4/9/2023. Upon conviction for manslaughter, Section 205 of the Penal Code provides for punishment of up to life imprisonment. The 15 years imprisonment which was to be calculated from date of arrest, the court already exercised discretion, having regard to the circumstances of each case.
3. That being the case, the court has no residual discretion to reduce that lawful sentence further.
4. The petition dated 4/4/2024 is hereby dismissed. Signal to issue.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE