[2024] KEHC 14310 (KLR)
The court found that the applicant's crime was exceptionally cruel and premeditated, involving the calculated murder of two innocent victims for personal gain, including falsification of documents to transfer land. The applicant's remorse and rehabilitation, while noted, did not outweigh the severity and...
Source-derived case information.
- Citation
- [2024] KEHC 14310 (KLR)
- Parties
- Applicant: Emmanuel Otieno Pamaba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 121 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Life Imprisonment, Double Murder, Mitigation, Rehabilitation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Otieno Pamaba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application Ruling
Legal Issues
- 1 Whether the applicant's sentence of life imprisonment for double murder should be reviewed or reduced.
- 2 Whether the applicant's mitigation, remorse, and period spent in custody pending trial warrant a revision of sentence.
Ratio Decidendi
The court found that the applicant's crime was exceptionally cruel and premeditated, involving the calculated murder of two innocent victims for personal gain, including falsification of documents to transfer land. The applicant's remorse and rehabilitation, while noted, did not outweigh the severity and circumstances of the offence. The court held that there was no legal or factual basis to revise the life sentence, and that the interests of justice and the nature of the crime precluded any reduction or reconsideration of the sentence. The application for sentence review was therefore dismissed for want of any residual jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Pamaba v Republic (Miscellaneous Criminal Application 121 of 2021) [2024] KEHC 14310 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14310 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 121 of 2021
RE Aburili, J
November 8, 2024
Between
Emmanuel Otieno Pamaba
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is Emmanuel Otieno Pamba. He was convicted of double murder vide Siaya HCR 15/2019 and sentenced to serve life imprisonment.
2. He now applies for reconsideration of the indefinite life imprisonment and in his submissions filed canvassing his application, he mitigates saying he is remorseful and regrets having participated in the crime. That he is rehabilitated and takes full responsibility for crime as charged, after a thorough soul searching.
3. That he has felt the effects of the offence over the 4 years that he has been in custody and tenders a profound apology to the state, the deceased victims’ family for having taken part in committing the crime and that he is repentant hat he committed the offence due to misunderstanding as a result of alcohol.
4. That he has a young family with children of school going. That he had no past criminal records and he will not repeat the offence. That he has reformed and acquired life skills as shown by annexed certificates hence the court should review his sentence and consider the period he was in custody pending trial from the date of his arrest.
5. I have considered the application and the submissions. This is one of the most cruel murders that this Court has ever come across. Had it not been for the modern technology and the meticulous investigations which tracked the convict using his motorcycle tracker and mobile phone tracker, no one would ever have known the killers of Pamela Ogola and her nephew Levis Ouma.
6. From the evidence, the convict bought a motorcycle in Bungoma town, purely for purposes of committing the double murder. He travelled with it from Busia County in Matayos area to Siaya County Umala area where he executed the two deceased persons by stabing them severally and leaving the scene of murder back to Matayos on his motor cycle.
7. He cooked his own goose and ate it because of greed for land which never belonged to him by right or at all.
8. He even falsified documents and caused transfer of land belonging to the deceased to himself. Two innocent souls were lost. An old lady and a young boy, lives scooped out of them so painfully. Let justice prevail.
9. I find no basis upon which to revise sentence to pity such a wild animal being who mauled innocent souls. Let him be repentant for heaven not here. I dismiss the application for sentence review, for want of any residual jurisdiction. Signal to issue.
10. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE