Kennedy Ochieng Odongo v Republic [2022] KEHC 1343 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

CON-PET. NO.14 (E018) OF 2021

KENNEDY OCHIENG ODONGO....APPLICANT

VERSUS

REPUBLIC.......................................RESPONDENT

JUDGMENT

1. The petitioner Kennedy Ochieng Odongo in his amended petition filed on the 11/11/2021 seeks resentencing.  He is currently serving a life imprisonment.

2. The petition was opposed by the State.  Mr. Kaino argued that the case of Francis Karioko Muruatetu & Another vs R (2017) eKLR only applies to murder cases. That the Supreme Court has given directions that its decision in the Muruatetu case does not apply to Robbery with violence cases or sexual offences.

3. The Supreme Court on the 6/7/2021 gave directions in the Muruatetu case that its decision in the said matter only applied in respect to sentences of murder under section 203 and 204 of the Penal Code.

4. The said directions are binding to this court, thus the petitioners request for resentencing cannot be granted by this court.  This petition is dismissed.

DATED, SIGNED AND DELIVERED AT KISII THIS 11TH DAY OF MARCH, 2022

R. E. OUGO

JUDGE

In the presence of:

Kennedy Ochieng Odongo   Applicant

Mr. Kaino  State Counsel ODPP

Kevin  Court Assistant