Case ID:173405

Paul Omondi Odipo & 4 others v Republic [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application E059 of 2021

Parties:

Paul Omondi Odipo, David Omondi Achayo, Charles Oduor Akinyi Ogaja, Joseph Onyango Were Oduma & Hesbon Otieno Okoth v Republic

Date Delivered:

01 Apr 2021

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Paul Omondi Odipo & 4 others v Republic [2021] eKLR

Case History:

Being an Application originating from Kisumu High Court Cr. 12/2006 and vide Resentencing Petition No. 47/2019 at Kisumu

Court Division:

Criminal

County:

Siaya

History Docket No:

Cr. 12/2006

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. E059 OF 2021

CORAM: R.E. ABURILI, J

PAUL OMONDI ODIPO......................................................................1

ST

APPLICANT

DAVID OMONDI ACHAYO...............................................................2

ND

APPLICANT

CHARLES ODUOR AKINYI OGAJA...............................................3

RD

APPLICANT

JOSEPH ONYANGO WERE ODUMA...............................................4

TH

APPLICANT

HESBON OTIENO OKOTH................................................................5

TH

APPLICANT

VERSUS

REPUBLIC.................................................................................................RESPONDENT

(Being an Application originating from Kisumu High Court Cr. 12/2006 AND vide Resentencing Petition No. 47/2019 at Kisumu)

RULING

1. The 5 Applicants/convicts filed the Notice of Motion on 25/3/2021 seeking that this court considers and gives them the least severe sentence as stipulated in Article 50(2)(p) of the Constitution by reviewing the 20 years imprisonment which was reimposed on them after an appeal, to commence in 2006 the date of arrest.

2. I note that the applicants were sentenced to death for Murder vide Kisumu HC Cr. 12/2006 and vide a resentencing Petition No. 47/2019 at Kisumu High Court, they were resentenced to serve 20 years imprisonment. The convicts having benefited from the least severe sentence of death to only 20 years imprisonment, and as the latter sentence was not the original sentence, I find no merit in this application.

3. In addition they had the opportunity to seek for the least severe sentence during resentencing. The resentence imposed was too lenient and less severe. They cannot bite the cherry twice. Furthermore, they have bypassed Kisumu High Court to this court which is mischievous and a forum shopping exercise.

4. I decline to grant the orders sought and dismiss the application in its entirety and direct that this ruling be typed and send to the Deputy Registrar Kisumu High Court to be placed in

Murder Cr. 12/2006 and Constitutional Criminal Petition No. 47/2019

(resentencing) to avoid abuse of court process.

5. The application is dismissed.

6. File closed.

7. Orders accordingly.

Dated, signed and delivered at Siaya, this 1

st

Day of April 2021

R.E. ABURILI

JUDGE