Today the High Court of Kenya in exercising the power of Review of its decision in a criminal matter a jurisdiction that is unknown to criminal law, released a manslaughter convict who has been in prison since November 29, 2018, for the murder of his wife.
The former convict, former journalist Moses Dola Otieno was released after High Court judge, Justice Alexander Muteti allowed his application for review of his 10 years jail term.
MOSES DOLA OTIENO, the former convict moved to court on an application for Review of sentence citing the Hon. Chief Justices and President of Supreme Court directions dated 7th December 2022 where the Chief Justice directed all High Courts to conduct Revision in deserving cases to afford rehabilitation of offenders and achieve overall prison decongestion.
Justice Alexander Muteti in his ruling before issuing an order that would serve as a new beginning to Moses Dola, said that the application in a sense invited the court to exercise the power of Review of its decision in a criminal matter a jurisdiction that is unknown to criminal law and which the court does not have once it has delivered itself on a conviction and sentence in criminal trial.
The Judge also noted that the application was thus premised on the wrong provisions of the law.
With this in mind, the Court ruled that the directive by the Chief Justice was given out of a realization that there are persons whose continued detention in prison may not help in the attainment of the purpose of rehabilitation and whose cases merit review from time to time.
Dola unequivocally told the court that he regrets his actions and has learnt very useful lessons throughout the period he has been in custody.
“This court has carefully considered his plea for early release. He has indeed made a very compelling case for release considering that he has expressed deep remorse for the loss of the deceased’s life.” said the Judge.
The court took cognizance of the fact that the deceased and the convict had a child who has not had the benefit of enjoying parental love since the father was in Custody.
The Court ordered that Dola shall be immediately released from prison unless otherwise lawfully held.
Dola was convicted and sentenced to serve 10 years jail term on November 29, 2018, for the murder of his wife Wambui Kabiru.
Kabiru, a former NTV reporter, died at their home in Umoja estate, Nairobi, on May 1, 2011.
Lady Justice Roselyne Korir as he then was, on October 5, 2018, found Moses Dola guilty of manslaughter.
She ruled that Dola was a stronger party in the fight that led to the death of his wife and was therefore culpable.
