Case ID:217524

Okoth v Republic (Miscellaneous Criminal Application E091 of 2022) [2023] KEHC 3146 (KLR) (12 April 2023) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E091 of 2022

Parties:

Okoth v Republic

Date Delivered:

12 Apr 2023

Case Class:

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Okoth v Republic (Miscellaneous Criminal Application E091 of 2022) [2023] KEHC 3146 (KLR) (12 April 2023) (Ruling)

Court Division:

Criminal

County:

Kisumu

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

Okoth v Republic (Miscellaneous Criminal Application E091 of 2022) [2023] KEHC 3146 (KLR) (12 April 2023) (Ruling)

Neutral citation:

[2023] KEHC 3146 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E091 of 2022

RE Aburili, J

April 12, 2023

Between

Vincent Oduor Okoth

Applicant

and

Republic

Respondent

(Kisumu HCR No 15 of 2010, Constitutional Petition No E19 of 2021

Criminal Appeal E019 of 2021

)

Ruling

1.

The Applicant is Vincent Oduor Okoth. He was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the

Penal Code

and sentenced to suffer death vide Kisumu HCR No 15 of 2010. Later, the death sentence was reduced to thirty (30) years imprisonment vide Constitutional Petition No E19 of 2021.

2.

He now applies for sentence review because he is now 52 years and was 39 years during his arrest, he has been in custody for thirteen (13) years, is completely reformed and rehabilitated, regrets committing the offence, promises not to reoffend. He prays for a lesser or non custodial sentence. That he has trained and acquired life’s skills.

3.

No testimonials were annexed. Nonetheless, this court having reduced the death sentence to thirty (30) years imprisonments, it has no power to reduce that sentence further and no circumstances call for such reduction or review.

4.

I find no merit in the application for sentence review.

5.

The application is hereby dismissed.

6.

File closed. I so order.

Dated, Signed and Delivered at Kisumu this 12

th

Day of April, 2023

R. E. ABURILI

JUDGE