David Owino Otieno v Republic

Otieno v Republic (Criminal Petition E013 of 2025) [2025] KEHC 13966 (KLR) (6 October 2025) (Ruling) Neutral citation: [2025] KEHC 13966 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL PETITION E013 OF 2025 DR KAVEDZA, J OCTOBER 6, 2025 BETWEEN DAVID OWINO OTIENO ..................................................................... PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Petitioner was convicted of the offence of robbery with violence contrary to Section 296(2) of the Penal Code in Kibera Chief Magistrate’s Court Criminal Case No. 5960 of 2005 and sentenced to death. His appeal before this Court was dismissed. He is currently serving a life sentence. 2. The Petitioner has now filed the present petition dated 12th June 2025 seeking a further resentencing, citing the fact that he has been in custody for 23 years and argues that this period has allowed for full rehabilitation. 3. I have considered the petition, the grounds in support and the applicable law. From the record of the trial court, the court considered the petitioner’s mitigation, and that he was a first offender before sentencing. Having considered the petition in its totality. The sentence imposed was also legal in the circumstances of the case. 4. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The petition dismissed for lacking in merit. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 6TH OCTOBER 2025 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13966/eng@2025-10-06 1