Adiyo v Republic [2024] KEHC 14353 (KLR)

Adiyo v Republic (Miscellaneous Criminal Application 119 of 2023) [2024] KEHC 14353 (KLR) (8 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14353 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application 119 of 2023

RE Aburili, J

November 8, 2024

Between

Jared Omondi Adiyo

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Jared Omondi Adiyo was convicted vide Bondo PM SO Case No. 1092/2016 of the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. He was sentenced to serve life imprisonment on 18/7/2017. He appealed vide Siaya HCCRA 64/2017 which appeal was heard on merit and dismissed on 2/12/2019 but on sentence, the court substituted life imprisonment with seventy-five (75) years to be calculated from the date of conviction in the lower court.

2. The child defiled was aged one (1) year and 4 months only.

3. The convict is back to court seeking for sentence review. I have considered the application and the grounds in support. This court already exercised discretion on appeal and substituted life imprisonment with seventy-five (75) years imprisonment, considering the age of the defiled child was 1 year and 4 months, there is no residual discretion left to this court to exercise.

4. The application filed on 3/8/2023 and dated 13/7/2023 is hereby found to be devoid of merit and basis. It is dismissed.

5. Signal to issue. File closed.

I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THNOVEMBER, 2024R. E. ABURILIJUDGE