[2024] KEHC 13036 (KLR)
The High Court held that, following the Supreme Court's clarification in Republic v Joshua Gichuki Mwangi & Others, the Muruatetu decision does not apply to mandatory sentences for offences other than murder, such as robbery with violence. Therefore, there is no legal basis for the High Court to review or resentence...
Source-derived case information.
- Citation
- [2024] KEHC 13036 (KLR)
- Parties
- Applicant: Samuel Otieno Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E1191 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- K Kimondo
- Legal Topics
- Mandatory Sentencing, Resentencing, Death Penalty, Robbery With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Otieno Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court can review or resentence the applicant in light of the Supreme Court decisions on mandatory sentences.
- 2 Whether the decision in Muruatetu applies to mandatory sentences for robbery with violence.
Ratio Decidendi
The High Court held that, following the Supreme Court's clarification in Republic v Joshua Gichuki Mwangi & Others, the Muruatetu decision does not apply to mandatory sentences for offences other than murder, such as robbery with violence. Therefore, there is no legal basis for the High Court to review or resentence the applicant. The applicant's death sentence had already been commuted to life imprisonment by the President in 2016, and previous appeals and applications for resentencing had been unsuccessful. Accordingly, the application for revision was dismissed for lack of legal foundation.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 2/5/2024 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Oduor v Republic (Criminal Revision E1191 of 2024) [2024] KEHC 13036 (KLR) (Crim) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13036 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E1191 of 2024
K Kimondo, J
October 28, 2024
Between
Samuel Otieno Oduor
Applicant
and
Republic
Respondent
Ruling
1. The applicant has not appeared on the platform. The substratum of this revision is the decision of the Supreme Court in Francis Karioko Muruatetu & others v Republic, Petitions 15 & 16 of 2015 that outlawed the mandatory nature of the death penalty and opened an avenue for resentencing in murder cases.
2. However, the Supreme Court has now clarified afresh in Republic v Joshua Gichuki Mwangi & Others, Petition 018 of 2023, that the Muratetu decision did not invalidate mandatory sentences or minimum sentences in the Penal Code or any other statute.
3. The applicant here was convicted of Robbery with Violence and sentenced to death. His first appeal to the High Court in Nairobi HCCRA No. 104 of 2015 was unsuccessful. Another application for resentencing before the lower court was equally dismissed.
4. There is accordingly no legal foundation for review or sentencing by the High Court. I also note in passing that his death sentence was commuted to life imprisonment by His Excellency the President in 2016.
5. The upshot is that the entire Notice of Motion dated 2/5/2024 is hereby dismissed and file closed. A copy of this ruling shall be supplied to the applicant.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 28TH DAY OF OCTOBER 2024. KANYI KIMONDOJUDGERuling read virtually on Microsoft Teams in the presence of-Ms. Awino for the Respondent instructed by the Office of the Director of Public Prosecutions.Mr. E. Ombuna, Court Assistant.