[2022] KEHC 12211 (KLR)
The court found that, following the Supreme Court's decision in Francis K. Muruatetu & Another vs Republic, the mandatory death sentence for murder is unconstitutional and courts must exercise discretion in sentencing. The applicant's mitigation, including the time already spent in custody and jail, was considered....
Source-derived case information.
- Citation
- [2022] KEHC 12211 (KLR)
- Parties
- Applicant: Onkoba Simon Orangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 2 (E004) of 2022
- Procedural Posture
- Criminal Petition / Resentencing After Conviction and Supreme Court Decision
- Outcome
- Death sentence set aside; applicant resentenced to 30 years imprisonment from 17/1/2011.
- Judges
- REA Ougo
- Legal Topics
- Murder Sentencing, Resentencing Guidelines, Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onkoba Simon Orangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Resentencing After Conviction and Supreme Court Decision
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Francis K. Muruatetu & Another vs Republic.
- 2 What is the appropriate sentence for the applicant considering the circumstances and time already served.
Ratio Decidendi
The court found that, following the Supreme Court's decision in Francis K. Muruatetu & Another vs Republic, the mandatory death sentence for murder is unconstitutional and courts must exercise discretion in sentencing. The applicant's mitigation, including the time already spent in custody and jail, was considered. However, given the gravity of the offence and the fact that a life was lost, the court set aside the death sentence and imposed a sentence of 30 years imprisonment from the date of the original sentence, 17/1/2011.
Court Disposition
Death sentence set aside; applicant resentenced to 30 years imprisonment from 17/1/2011.
Orders
- The death sentence is set aside.
- The applicant is sentenced to 30 years imprisonment from 17/1/2011.
Full Case Text
Judgment text and source record
20 paragraphs
Orangi v Republic (Criminal Petition 2 (E004) of 2022) [2022] KEHC 12211 (KLR) (18 July 2022) (Judgment)
Neutral citation: [2022] KEHC 12211 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Petition 2 (E004) of 2022
REA Ougo, J
July 18, 2022
Between
Onkoba Simon Orangi
Applicant
and
Republic
Respondent
Judgment
1. Onkoba Simon Orangi was found guilty and convicted of murder on the 17/1/2011.
2. In his application filed in court on the 17/1/2022 he seeks to be resentenced in light of the Supreme Court decision in the case of Francis K. Muruatetu & Another vs RepublicPet. No.15 of 2015.
3. At the hearing of this petition the petitioner stated that he was condemned, that he has appealed to Court of Appeal that he was jailed in 2011 and that he has been in jail since 2007 and that he is now 42 years old having been in jail for 27 years.
4. The facts of the case indicate that the deceased was stabbed and left to die by the petitioner.
5. Applicant’s mitigation is considered and the time spent in custody and jail, however a life was lost. I set aside the death sentence and sentence the applicant to serve 30 years imprisonment from the date of sentence 17/1/2011. He has a right of appeal within 14 days.
DATED, SIGNED AND DELIVERED AT KISII THIS 18TH DAY OF JULY 2022. R.E. OUGOJUDGEIn the presence of:Applicant AbsentMr. Kaino State Counsel ODPPMs. Aphline Court Assistant