JAMES ODONGO OGOT V. REPUBLIC

JUDGMENT

1. James Odongo Ogot was convicted for the murder of Michael Otieno Wao which happened on October 29, 2003at Bondo Township. On the same date of conviction, being July 25, 2006, Hon. Warsame, J (as he then was) sentenced the appellant to suffer death.

2. At plenary hearing, counsel for the appellant informed us that although the appeal was against both conviction and sentence, the appellant sought to press on with the challenge on sentence only. In this regard it was submitted that the death sentence is not the only sentence that can be imposed for a conviction under section 204 of the Penal Code.

3. We think that since the Supreme Court decision in Francis Karioko Muruatetu & another v Republic [2017] eKLR the question whether the mandatory nature of the death sentence provided for in section 204 of the Penal Code is unconstitutional is moot and counsel for the State readily conceded to this single point of appeal.

4. From the record of Appeal, the trial court neither invited the appellant …