Odalo v Republic [2024] KEHC 15151 (KLR)

Odalo v Republic (Petition E009 of 2024) [2024] KEHC 15151 (KLR) (3 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15151 (KLR)

Republic of Kenya

In the High Court at Kibera

Petition E009 of 2024

DR Kavedza, J

December 3, 2024

Between

Godfrey Ochieng Odalo

Petitioner

and

Republic

Respondent

Ruling

1. The applicant was charged and after a full trial convicted of the offence of murder contrary to section 203 as read with 204 of the Penal Code. He was sentenced to serve thirty (30) years imprisonment.

2. He has filed the present petition on 17th September 2024 seeking revision of sentence imposed. The grounds raised are that the prosecution failed to prove their case beyond reasonable doubt, and that he was denied several of his fundamental rights as provided in the Constitution.

3. I have considered the petition, the grounds in support and the applicable law. From the record of the trial court, the court considered the petitioner’s mitigation, the time spent in remand custody and the fact that the petitioner was a first offender before sentencing. Having considered the application in its totality, it is my finding that the sentence imposed was also legal in the circumstances of the case.

4. In my view I find no good cause or reason to revise the sentence imposed by the trial court.

5. The application dismissed for lacking in merit.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 3RDDAY OF DECEMBER 2024D. KAVEDZAJUDGE