[2025] KEHC 520 (KLR)
The court found that the applicant had already exhausted all avenues of appeal and had previously filed a criminal petition for resentencing, which was dismissed. The applicant had not sought review of that dismissal nor appealed to the Court of Appeal. The court held that the present application was without merit...
Source-derived case information.
- Citation
- [2025] KEHC 520 (KLR)
- Parties
- Applicant: Martin Onduru Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E061 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- DK Kemei
- Legal Topics
- Sentence Review, Mandatory Death Penalty, Life Imprisonment, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Onduru Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of his life sentence in light of the Supreme Court decision in Francis Karioko Muruatetu & 2 others v Republic (2017) eKLR.
- 2 Whether the period spent in custody during trial should be considered in resentencing.
- 3 Whether the application is properly before the court given prior proceedings and lack of appeal or review.
Ratio Decidendi
The court found that the applicant had already exhausted all avenues of appeal and had previously filed a criminal petition for resentencing, which was dismissed. The applicant had not sought review of that dismissal nor appealed to the Court of Appeal. The court held that the present application was without merit as the applicant's sentence had already been commuted from death to life imprisonment, amounting to a review in line with the Muruatetu decision. Therefore, there was no basis for further review or resentencing, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The application filed on 22/6/2024 is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Otieno v Republic (Criminal Miscellaneous Application E061 of 2024) [2025] KEHC 520 (KLR) (17 January 2025) (Ruling)
Neutral citation: [2025] KEHC 520 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E061 of 2024
DK Kemei, J
January 17, 2025
Between
Martin Onduru Otieno
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Martin Onduru Otieno seeks for an order that his life sentence be reviewed in line with the Supreme Court’s decision in Francis Karioko Muruatetu & 2 others VAS. R (2017) eKLR, and that the period spent in custody during the trial be considered.
2. The Applicant’s gravamen is inter alia; that he was convicted and sentenced to death vide Bondo Chief Magistrate’s Court Cr. No. 69 of 2008; that he lodged an appeal at Kisumu High Court vide HCRA No. 149 of 2008 which was dismissed; that he lodged a second appeal at the Court of Appeal Kisumu vide CRA NO. 310 of 2009 but which was dismissed; that the mandatory death penalty is unconstitutional that the Applicant should be given an opportunity for a re-sentencing hearing; that he had been in prison for 16 years.
3. I have given due consideration to the application. It is not in dispute that the Applicant has exhausted out his appeals. It is also not in dispute that the Applicant herein filed a criminal petition vide Siaya Criminal Petition No. 2 of 2022 which was dismissed by Aburili J, on 28/2/2022. It is not in dispute that he Applicant has neither moved this court for review of orders made on 28/2/2022 nor lodged an appeal to the Court of Appeal. As the Applicant has done neither of the above, I find the present application is berefit of any merit. It is instructive that the Applicant’s sentence of death has since been commuted to one of life imprisonment and hence he has already had his sentence reviewed accordingly.
4. In the result, it is my finding that the application filed on 22/6/2024 lacks merit. The same is dismissed.
DATED AND DELIVERED AT SIAYA THIS 17THDAY OF JANUARY 2025. D. KEMEIJUDGE