[2023] KEHC 3146 (KLR)
The court held that having already reduced the applicant's death sentence to thirty years imprisonment, it lacked the power to further reduce or review the sentence in the absence of new or exceptional circumstances. The applicant did not provide any new evidence or circumstances, such as testimonials or other...
Source-derived case information.
- Citation
- [2023] KEHC 3146 (KLR)
- Parties
- Applicant: Vincent Oduor Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E091 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Murder Conviction, Penal Code Section 203, Penal Code Section 204, Rehabilitation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Oduor Okoth
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the court has jurisdiction to further review or reduce a sentence already reduced from death to thirty years imprisonment.
- 2 Whether the applicant has demonstrated sufficient grounds for further sentence reduction or a non-custodial sentence.
Ratio Decidendi
The court held that having already reduced the applicant's death sentence to thirty years imprisonment, it lacked the power to further reduce or review the sentence in the absence of new or exceptional circumstances. The applicant did not provide any new evidence or circumstances, such as testimonials or other material, to justify a further reduction. The court found no merit in the application for sentence review and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Okoth v Republic (Miscellaneous Criminal Application E091 of 2022) [2023] KEHC 3146 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3146 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E091 of 2022
RE Aburili, J
April 12, 2023
Between
Vincent Oduor Okoth
Applicant
and
Republic
Respondent
(Kisumu HCR No 15 of 2010, Constitutional Petition No E19 of 2021 Criminal Appeal E019 of 2021 )
Ruling
1. The Applicant is Vincent Oduor Okoth. He was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to suffer death vide Kisumu HCR No 15 of 2010. Later, the death sentence was reduced to thirty (30) years imprisonment vide Constitutional Petition No E19 of 2021.
2. He now applies for sentence review because he is now 52 years and was 39 years during his arrest, he has been in custody for thirteen (13) years, is completely reformed and rehabilitated, regrets committing the offence, promises not to reoffend. He prays for a lesser or non custodial sentence. That he has trained and acquired life’s skills.
3. No testimonials were annexed. Nonetheless, this court having reduced the death sentence to thirty (30) years imprisonments, it has no power to reduce that sentence further and no circumstances call for such reduction or review.
4. I find no merit in the application for sentence review.
5. The application is hereby dismissed.
6. File closed. I so order.
Dated, Signed and Delivered at Kisumu this 12th Day of April, 2023R. E. ABURILIJUDGE