Pamba v Republic [2022] KEHC 13740 (KLR)

Pamba v Republic (Miscellaneous Criminal Application E080 of 2022) [2022] KEHC 13740 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13740 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E080 of 2022

RE Aburili, J

October 12, 2022

Between

Emmanuel Otieno Pamba

Applicant

and

Republic

Respondent

(Being an Application for resentencing from the Judgment, conviction and sentence in Siaya High Court Criminal. Case No. 15 of 2019)

Ruling

1. On 4th May 2020, this court sentenced the Petitioner herein Emmanuel Otieno Pamba to serve life imprisonment on each of the two counts of the Murder of his victims Levis Ouma Ochieng and Pamela Adhiambo Ogola.

2. The Petitioner now seeks for sentence rehearing.

3. Punishment for Murder is death. The court exercised extreme discretion by imposing on him life imprisonment. No other discretion was left of this court for such gruesome murder of the two innocent souls.

4. I find the application filed on 4/8/2022 a mockery of justice considering the circumstances under which the convict eliminated his victims. Section 333(2) if the Criminal Procedure Code and Article 50(2)p, q of the Constitution are irrelevant in the circumstances of this case where the court did not impose mandatory sentence.

5. In addition, the Muruatetu decision is equally inapplicable as the court already heard mitigation from the convict and exercised discretion in sentencing.

6. The application is found to be devoid of any merit. It is hereby dismissed.

7. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE