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 ofience 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 ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/15115/eng@2024-11-25 1
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