Odera v Republic [2024] KEHC 15115 (KLR)

Odera v Republic (Criminal Revision E012 of 2023) [2024] KEHC 15115 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15115 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E012 of 2023

RE Aburili, J

November 25, 2024

Between

Joshua Okoth Odera

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Joshua Okoth Odera is a convict. He was jointly charged with William Ochieng Wango with the offence of murder contrary to Section 203 as read with Section 205 of the Penal Code and after a full trial, William Ochieng Wango was acquitted while the Applicant herein was convicted and sentenced to serve death sentence. This was vide HCR 21/2017. The sentence was rendered on 5/5/2020.

2. The convict is now serving his sentence at Naivasha Maximum Prison. He now applies for revision of his sentence because death sentence contravenes Sections 216 & 389 of the Criminal Procedure Code and Policy Guidelines on sentencing. That he is entitled to the least severe sentence under Article 50 (2) P &(q) of the Constitution.

3. I have perused the application for sentence revision filed on 9/8/2023. This court is devoid of any residual discretion to revise the sentence imposed.

4. The application dated 7/8/2023 is dismissed. Signal to issue. File is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF NOVEMBER, 2024. R.E ABURILIJUDGE