[2022] KEHC 13740 (KLR)
The court found that the applicant's request for resentencing was without merit because the trial court had already exercised discretion by imposing life imprisonment instead of the mandatory death sentence for murder. The court had considered mitigation and did not apply the mandatory sentence, rendering the...
Source-derived case information.
- Citation
- [2022] KEHC 13740 (KLR)
- Parties
- Applicant: Emmanuel Otieno Pamba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E080 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Murder Sentencing, Judicial Discretion, Mitigation, Applicability of Muruatetu, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Otieno Pamba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing after being sentenced to life imprisonment for murder.
- 2 Whether the Muruatetu decision applies where the trial court exercised discretion and did not impose the mandatory death sentence.
- 3 Whether Section 333(2) of the Criminal Procedure Code and Article 50(2)(p),(q) of the Constitution are relevant in the circumstances.
Ratio Decidendi
The court found that the applicant's request for resentencing was without merit because the trial court had already exercised discretion by imposing life imprisonment instead of the mandatory death sentence for murder. The court had considered mitigation and did not apply the mandatory sentence, rendering the Muruatetu decision inapplicable. Furthermore, Section 333(2) of the Criminal Procedure Code and Article 50(2)(p),(q) of the Constitution were deemed irrelevant as the applicant's rights had not been infringed in the sentencing process. The application was therefore dismissed as a mockery of justice given the circumstances of the offence.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Pamba v Republic (Miscellaneous Criminal Application E080 of 2022) [2022] KEHC 13740 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13740 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E080 of 2022
RE Aburili, J
October 12, 2022
Between
Emmanuel Otieno Pamba
Applicant
and
Republic
Respondent
(Being an Application for resentencing from the Judgment, conviction and sentence in Siaya High Court Criminal. Case No. 15 of 2019)
Ruling
1. On 4th May 2020, this court sentenced the Petitioner herein Emmanuel Otieno Pamba to serve life imprisonment on each of the two counts of the Murder of his victims Levis Ouma Ochieng and Pamela Adhiambo Ogola.
2. The Petitioner now seeks for sentence rehearing.
3. Punishment for Murder is death. The court exercised extreme discretion by imposing on him life imprisonment. No other discretion was left of this court for such gruesome murder of the two innocent souls.
4. I find the application filed on 4/8/2022 a mockery of justice considering the circumstances under which the convict eliminated his victims. Section 333(2) if the Criminal Procedure Code and Article 50(2)p, q of the Constitution are irrelevant in the circumstances of this case where the court did not impose mandatory sentence.
5. In addition, the Muruatetu decision is equally inapplicable as the court already heard mitigation from the convict and exercised discretion in sentencing.
6. The application is found to be devoid of any merit. It is hereby dismissed.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE