https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11980
The court held that the application was not confined to section 333(2) of the Criminal Procedure Code because it also sought commutation of the petitioner's sentence from death/life imprisonment in light of the treatment of a co-accused. That additional limb had to be addressed by written submissions before the...
Source-derived case information.
- Citation
- [2026] KEHC 11980 (KLR)
- Parties
- Petitioner: James Barasa Osapili; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 7 of 2023
- Procedural Posture
- Criminal Petition / Directions
- Outcome
- Directions issued; ruling deferred.
- Judges
- ["E Ominde"]
- Legal Topics
- Sentence Review, Death Sentence Commutation, Life Imprisonment Commutation, Section 333(2) Criminal Procedure Code, Written Submissions Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Barasa Osapili
Petitioner
Republic
Respondent
Procedural Posture
Criminal Petition / Directions
Legal Issues
- 1 Whether the petitioner's application is limited to sentence review under section 333(2) of the Criminal Procedure Code.
- 2 Whether the court should first consider commutation of the petitioner's sentence from death/life imprisonment before applying section 333(2).
Ratio Decidendi
The court held that the application was not confined to section 333(2) of the Criminal Procedure Code because it also sought commutation of the petitioner's sentence from death/life imprisonment in light of the treatment of a co-accused. That additional limb had to be addressed by written submissions before the court could determine the matter.
Court Disposition
Directions issued; ruling deferred.
Orders
- The commutation limb of the application shall be canvassed by written submissions.
- Both the prosecution and the petitioner shall file and serve submissions within 30 days.
Full Case Text
Judgment text and source record
1 paragraphs
Osapili v Republic (Criminal Petition 7 of 2023) [2026] KEHC 11980 (KLR) (30 July 2026) (Directions) Neutral citation: [2026] KEHC 11980 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Petition 7 of 2023 E Ominde, J July 30, 2026 Between James Barasa Osapili Petitioner and Republic Respondent Directions 1.On the hearing of the Applicants application, the prosecutor proceeded with it on the presumption that the only prayer that the Applicant was seeking was the review of sentence under Section 333 (2) of the Criminal Procedure Code. 2.However, upon my perusal of the file, I have noted that apart from that prayer, the Applicant’s Application reveals that the accused was sentenced to death. This sentence was then commuted to life imprisonment. He argues that his co-accused in the primary file made an Application to have the life sentence reviewed and that Application to have the life sentence reviewed and his application was allowed and the sentence commuted to 30 years imprisonment. 3.He therefore seeks that similarly his sentence too be commuted and thereafter Section 333 (2) of the Criminal Procedure Code be applied to the sentence as would have been commuted if the court allows his application. This therefore takes the applicant’s application beyond the scope of Section 33(2) only. 4.This being the case, this Ruling is therefore differed with directions that this limb of his application be canvassed by way of written submissions. Both the prosecution and the Applicant are to file and serve their submissions within the next 30 days. 5.The matter shall be Mentioned on 15th of October, 2026 to confirm compliance and fix a date for Ruling. READ DATED AND SIGNED AT BUNGOMA ON 30TH JULY 2026.E. OMINDE JUDGE