George Oduor Otieno v Republic [2019] KEHC 6249 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

PETITION NO. 15 OF 2019

(CORAM: R. E. ABURILI - J.)

GEORGE ODUOR OTIENO.....................PETITIONER

VERSUS

REPUBLIC...................................…….…RESPONDENT

RULING

1. The Petitioner GEORGE ODUOR OTIENO was convicted and sentenced to suffer death by the trial court in Bondo PM Cr. Case No. 100/2008 for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He appealed to the High Court vide HCCr. Appeal No. 112 and 113/2009 which appeal was dismissed.  He appealed further to the Court of Appeal in CRA 21/2014 which appeal was allowed in part,  of Sentence reduction only.

2. The Court of Appeal resentenced the Petitioner to serve 25 years in prison on 24/1/2019,  thereby reducing the death sentence to prison term.

3. The Court of Appeal in resentencing the Petitioner must have taken into account the principles laid down in theFrancis Muruatetu & Others V SC Pet. Nos 15 and 16 2015.

4. That being the case, and as the resentencing of the Appellant was done after the Francis Muruatetu decision, this court has no jurisdiction to review the decision of the Court of Appeal.

5. Accordingly, I find this petition not well founded.  I proceed to dismiss it.  File closed.

Orders accordingly.

Dated, Signed and Delivered in open court at Siaya this 3rd Day of June 2019.

R.E. ABURILI

JUDGE

In the Presence of:

Mr. Okachi, SPPC for State

Court Assistants: Brenda and Modestar

Petitioner (present in person)