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Kenya decisions
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Wilfred Kariuki Gitahi v Republic [2021] KEHC 9535 (KLR)
The High Court dismissed an application to serve the remainder of a murder sentence under a Community Service Order, holding there was no legal basis for that relief.
Joseph Odhiambo Oenga v Republic [2019] KEHC 5159 (KLR)
The court held that it lacked jurisdiction to further re-sentence the petitioner, as such a request amounted to an appeal of its own previous order, which is not permitted. The court found that the sentence of two years on count 2, previously left in abeyance due to the death sentence on count 1, should now run concurrently with the 30-year sentence imposed after re-sentencing. The court further determined that, following the commutation of the death sentence to a definite term and the reintroduction of remission in 2015, the petitioner is entitled to benefit from remission of sentence under…
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