Oduro v Republic [2025] KEHC 1565 (KLR)

Oduro v Republic (Criminal Revision 32 of 2024) [2025] KEHC 1565 (KLR) (17 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1565 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 32 of 2024

DR Kavedza, J

February 17, 2025

Between

Evans Ouko Oduro

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code. The applicant attacked the complainant, resulting in the loss of two of the complainant’s lower incisors.

2. In 2019, he filed a revision application no. 203 of 2019 challenging the constitutionality of the mandatory death sentence that was imposed by the trial court. Consequently, the applicant was resentenced to 30 years imprisonment by the lower court. He has now filed the present application before this court.

3. Considering the nature of the offences that the applicant committed and the aggravating circumstances, it is my view that the sentence of 30 years imprisonment is appropriate for the offence.

4. I therefore find that the application is an abuse of the court process and it is hereby dismissed.

5. The applicant is bared from filing any similar application without the leave of this court.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 17TH FEBRUARY 2025D. KAVEDZAJUDGE