Aloise Onyango Odhiambo v Republic [2016] KEHC 7526 (KLR)
- Court
- High Court of Kenya
- Case number
- 7526
- Citation
- [2016] KEHC 7526 (KLR)
- Decided
- 31 March 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for a retrial under Article 50(6) of the ConstitutionPosturePetitioner seeks a retrial after unsuccessful appeals and claims non-compliance with section 169 of the Criminal Procedure CodeCoramMUMBI NGUGI
Holding
The Court finds that the petitioner has not met the test of Article 50(6) as he has not demonstrated the existence of new and compelling evidence as required by the Constitution.
Facts
Petitioner was convicted of robbery with violence in 2003 and appealed to the High Court and Court of Appeal, but his appeals were unsuccessful. He now petitions for a retrial under Article 50(6) of the Constitution.
Issues
- Non-compliance with section 169 of the Criminal Procedure Code
- New and compelling evidence not available at the time of trial
Reasoning
The Court notes that the petitioner's complaint is based on section 169 of the Criminal Procedure Code, which he alleges was not complied with. However, he has not shown the existence of new and compelling evidence as required by Article 50(6)(b).
Outcome
The Court denies the petition and orders no retrial.
Orders
- No retrial ordered
Authorities cited
Legislation (3)
- Article 50(6) of the Constitution
- Criminal Procedure Code
- Section 169 of the Criminal Procedure Code
Cases cited (2)
- Patrick Macharia vs Republic
- Maurice Odhiambo Wesonga vs Republic
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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