Odana v Republic [2024] KEHC 15117 (KLR)

Odana v Republic (Criminal Petition 40 of 2023) [2024] KEHC 15117 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15117 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition 40 of 2023

RE Aburili, J

November 22, 2024

Between

Stephen Oduor Odana

Applicant

and

Republic

Respondent

Ruling

1. The Petitioner Stephen Oduor Odawa is a convict in Ukwala PM SO 34/2014 where he was sentenced to serve life imprisonment on 18/9/2014 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

2. The victim of the offence was aged 4 years old. The convict appealed vide Siaya HCCRA 39/2015 which appeal was dismissed. He never appealed to the Court of Appeal. He now applies for setting aside of life imprisonment.

3. I have considered the petition and submissions filed on 25/10/2023.

4. The convict was sentenced to life imprisonment for defiling a four-year child and on the strength of the Supreme Court decision in R Vs. Joshua Gichuki Mwangi, Supreme Court of Kenya Petition E018 of 2023, I find no discretion to reduce sentence imposed which is lawful and constitutional. The Supreme Court was clear in the above Petition that mandatory sentences in the Sexual Offences Act are lawful and constitutional, and that the Muruatetu I decision on unconstitutionality of mandatory death sentence only applied to murder cases.

5. In this case, the convict deserved the sentence imposed, considering the age of the child defiled – 4 years old.

6. I find no jurisdiction to interfere whit that sentence. Petition filed on 7/8/2023 is hereby dismissed. File closed. Signal to issue.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E ABURILIJUDGE