Apondi v Republic [2022] KEHC 13154 (KLR)

Apondi v Republic (Miscellaneous Criminal Application E116 of 2022) [2022] KEHC 13154 (KLR) (23 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13154 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E116 of 2022

RE Aburili, J

September 23, 2022

Between

Julias Oduor Apondi

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in Ukwala SRM’s court Sexual Offence Case No. 20 of 2018 delivered on 13/8/2018 by Hon. G.A. Adhiambo, Senior Resident Magistrate AND Siaya High Court Criminal Appeal No. 40/2018)

Ruling

1. The applicant Julias Oduor Apondi was convicted for the offence of defilement contrary to Section 8(1) and as read with section 8(2) of the Sexual Offences Act by Hon G Adhiambo SRM, Ukwala, on August 13, 2018 vide Ukwala SRM SO 20/2018.

2. He was sentenced to life in prison. He appealed to this court vide HCRA 40/2018 andvide judgment delivered on January 22, 2020, I upheld the conviction but resentenced him to serve 75 years in prison.

3. He now claims that he was sentenced to serve mandatory minimum sentence which is unconstitutional.This cannot be true as this court already resentenced him to serve 75 years imprisonment from life imprisonment imposed on him by the trial court. That being the case, I find this application mischievous and devoid of merit.

4. I dismiss the application for resentence.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE