James Barasa Osapili v Republic & 1 other

Osapili v Republic (Criminal Petition 7 of 2023) [2026] KEHC 11980 (KLR) (30 July 2026) (Directions) Neutral citation: [2026] KEHC 11980 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL PETITION 7 OF 2023 E OMINDE, J JULY 30, 2026 BETWEEN JAMES BARASA OSAPILI .................................................................... PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT DIRECTIONS 1. On the hearing of the Applicants application, the prosecutor proceeded with it on the presumption that the only prayer that the Applicant was seeking was the review of sentence under Section 333 (2) of the Criminal Procedure Code. 2. However, upon my perusal of the file, I have noted that apart from that prayer, the Applicant’s Application reveals that the accused was sentenced to death. This sentence was then commuted to life imprisonment. He argues that his co-accused in the primary file made an Application to have the life sentence reviewed and that Application to have the life sentence reviewed and his application was allowed and the sentence commuted to 30 years imprisonment. 3. He therefore seeks that similarly his sentence too be commuted and thereafter Section 333 (2) of the Criminal Procedure Code be applied to the sentence as would have been commuted if the court allows his application. This therefore takes the applicant’s application beyond the scope of Section 33(2) only. 4. This being the case, this Ruling is therefore difiered with directions that this limb of his application be canvassed by way of written submissions. Both the prosecution and the Applicant are to file and serve their submissions within the next 30 days. 5. The matter shall be Mentioned on 15th of October, 2026 to confirm compliance and fix a date for Ruling. READ DATED AND SIGNED AT BUNGOMA ON 30TH JULY 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11980/eng@2026-07-30 1

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