[2024] KEHC 15120 (KLR)
The court found that the applicant's petition for sentence review lacked merit because the Supreme Court, in Republic v Joshua Gichuki Mwangi, expressly limited the application of the Francis Muruatetu decision to murder cases only. The court held that this binding precedent precludes sentence review for mandatory...
Source-derived case information.
- Citation
- [2024] KEHC 15120 (KLR)
- Parties
- Applicant: Fredrick Otieno Odero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 27 of 2023
- Procedural Posture
- Criminal Petition / Sentence Review Ruling
- Outcome
- Petition dismissed.
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Review, Sexual Offences Act, Mandatory Sentencing, Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Otieno Odero
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to sentence review for the offence of defilement in light of recent Supreme Court decisions.
- 2 Whether the Supreme Court decision in Francis Muruatetu applies to sexual offences such as defilement.
Ratio Decidendi
The court found that the applicant's petition for sentence review lacked merit because the Supreme Court, in Republic v Joshua Gichuki Mwangi, expressly limited the application of the Francis Muruatetu decision to murder cases only. The court held that this binding precedent precludes sentence review for mandatory minimum sentences in sexual offences such as defilement. Furthermore, the petition did not meet the threshold for a constitutional petition for sentence review. Consequently, the court dismissed the petition and closed the file.
Court Disposition
Petition dismissed.
Orders
- The petition for sentence review is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odero v Republic (Criminal Petition 27 of 2023) [2024] KEHC 15120 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15120 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition 27 of 2023
RE Aburili, J
November 22, 2024
Between
Fredrick Otieno Odero
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner is Fredrick Otieno Odero. He is a convict in Bondo SPM SO Case No. 45/2017 and was sentenced on 24/8/2018 for the offence of defilement contrary to Section 8 (1) as read with section 8(4) of the Sexual Offence Act.
2. He was sentenced to serve 15 years imprisonment. He appealed vide Siaya HCCRA 20/2019 and vide judgment rendered on 14/12/2021, the court sustained the conviction and upheld the sentence imposed.
3. The convict now petitions for sentence review on account of some landmark judgments since he has reformed, is remorseful and is a first offender.
4. I have considered the petition and submissions filed on 28/11/2023.
5. I observe that the “landmark judgments” have since been overruled by the Supreme Court vide Cr. Petition E018/2023 in Republic Vs. Joshua Gichuki Mwangi, quite recently, in July 2024, where it held that the Francis Muruatetu Case wherein the Supreme Court had declared mandatory death sentence to be unconstitutional, only applies to murder cases, not sexual offences.
6. For that reason, I find no reason to depart from the binding Supreme Court decision which I hereby adopt and find this ‘Petition’ which does not even meet the criteria for a constitutional petition for sentence review to be devoid of any merit. It is hereby dismissed. This file is closed. Signal to issue.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE