Orangi v Republic [2022] KEHC 12211 (KLR)

Orangi v Republic (Criminal Petition 2 (E004) of 2022) [2022] KEHC 12211 (KLR) (18 July 2022) (Judgment)

Neutral citation: [2022] KEHC 12211 (KLR)

Republic of Kenya

In the High Court at Kisii

Criminal Petition 2 (E004) of 2022

REA Ougo, J

July 18, 2022

Between

Onkoba Simon Orangi

Applicant

and

Republic

Respondent

Judgment

1. Onkoba Simon Orangi was found guilty and convicted of murder on the 17/1/2011.

2. In his application filed in court on the 17/1/2022 he seeks to be resentenced in light of the Supreme Court decision in the case of Francis K. Muruatetu & Another vs RepublicPet. No.15 of 2015.

3. At the hearing of this petition the petitioner stated that he was condemned, that he has appealed to Court of Appeal that he was jailed in 2011 and that he has been in jail since 2007 and that he is now 42 years old having been in jail for 27 years.

4. The facts of the case indicate that the deceased was stabbed and left to die by the petitioner.

5. Applicant’s mitigation is considered and the time spent in custody and jail, however a life was lost. I set aside the death sentence and sentence the applicant to serve 30 years imprisonment from the date of sentence 17/1/2011. He has a right of appeal within 14 days.

DATED, SIGNED AND DELIVERED AT KISII THIS 18TH DAY OF JULY 2022. R.E. OUGOJUDGEIn the presence of:Applicant AbsentMr. Kaino State Counsel ODPPMs. Aphline Court Assistant