Amani v Republic [2023] KEHC 26814 (KLR)

Amani v Republic (Miscellaneous Criminal Application E077 of 2023) [2023] KEHC 26814 (KLR) (11 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26814 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E077 of 2023

RE Aburili, J

December 11, 2023

Between

Moses Ombima Amani

Applicant

and

Republic

Respondent

(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. E042 of 2019 at Winam)

Ruling

1. The Applicant is Moses Ombima Amani. He claims that he was convicted and sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to section 8(1) as read with Section 8(2) of the Sexual Offences Act.

2. He states that he appealed vide HCCRA No. E003 of 2023 from Winam SPM Sexual Offences Case No. E042 of 2019. He seeks for sentence review, claiming that the sentence was unconstitutional.

3. The mandatory sentence under Section 8(2) of the Sexual Offences Act is life imprisonment. He does not say what happened to the appeal and whether the court pronounced itself on Section 333(2) of the Criminal Procedure Code.

4. I find the applicant is economical with the truth.

5. This application is not merited. It is hereby dismissed.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE