[2024] KEHC 15115 (KLR)
The court held that it lacked any residual discretion to revise the death sentence imposed on the applicant following his conviction for murder. The sentence was rendered after a full trial and in accordance with the law. The applicant's arguments based on the Criminal Procedure Code, sentencing policy guidelines,...
Source-derived case information.
- Citation
- [2024] KEHC 15115 (KLR)
- Parties
- Applicant: Joshua Okoth Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E012 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Conviction, Sentence Revision, Death Penalty, Criminal Procedure, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Okoth Odera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court has discretion to revise a death sentence imposed after conviction for murder.
- 2 Whether the death sentence contravenes Sections 216 and 389 of the Criminal Procedure Code and Policy Guidelines on sentencing.
- 3 Whether the applicant is entitled to the least severe sentence under Article 50(2)(p) and (q) of the Constitution.
Ratio Decidendi
The court held that it lacked any residual discretion to revise the death sentence imposed on the applicant following his conviction for murder. The sentence was rendered after a full trial and in accordance with the law. The applicant's arguments based on the Criminal Procedure Code, sentencing policy guidelines, and constitutional provisions did not override the statutory mandate for the death penalty in murder cases. Consequently, the application for sentence revision was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 7/8/2023 is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
19 paragraphs
Odera v Republic (Criminal Revision E012 of 2023) [2024] KEHC 15115 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15115 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E012 of 2023
RE Aburili, J
November 25, 2024
Between
Joshua Okoth Odera
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Joshua Okoth Odera is a convict. He was jointly charged with William Ochieng Wango with the offence of murder contrary to Section 203 as read with Section 205 of the Penal Code and after a full trial, William Ochieng Wango was acquitted while the Applicant herein was convicted and sentenced to serve death sentence. This was vide HCR 21/2017. The sentence was rendered on 5/5/2020.
2. The convict is now serving his sentence at Naivasha Maximum Prison. He now applies for revision of his sentence because death sentence contravenes Sections 216 & 389 of the Criminal Procedure Code and Policy Guidelines on sentencing. That he is entitled to the least severe sentence under Article 50 (2) P &(q) of the Constitution.
3. I have perused the application for sentence revision filed on 9/8/2023. This court is devoid of any residual discretion to revise the sentence imposed.
4. The application dated 7/8/2023 is dismissed. Signal to issue. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF NOVEMBER, 2024. R.E ABURILIJUDGE