1. The Applicant Joshua Okoth Odera is a convict. He was jointly charged with William Ochieng Wango with the offence 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.
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.