Odhiambo v Republic (Miscellaneous Criminal Application E009 of 2025) [2025] KEHC 16729 (KLR) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 16729 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E009 OF 2025 JM OMIDO, J NOVEMBER 3, 2025 BETWEEN ISSA ABDUL ODHIAMBO ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. I have considered the application by the Applicant, who is currently serving a custodial sentence. 2. Noting that the Applicant is challenging the constitutionality of the life sentence “from the death aspect”, he can only properly do so vide a substantive constitutional petition as was directed in the Muruatetu II directions. 3. That being the position, the Applicant’s motion is hereby struck out. 4. This file is hereby closed. DELIVERED (VIRTUALLY) DATED AND SIGNED THIS 3RD NOVEMBER, 2025. JOE M. OMIDO JUDGE Applicant: Present, virtually. Respondent: Ms. Muema. Court Assistants: Mr. Ngoge & Mr. Juma. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16729/eng@2025-11-03 1
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