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JudgmentJOSHUA OKOTH ODERA VS The Republic1 min read

JOSHUA OKOTH ODERA VS The Republic

High Court at Siaya High Court · · R. E. Aburili

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.
    JOSHUA OKOTH ODERA VS The Republic JOSHUA OKOTH ODERA VS The Republic