Atiang v Republic [2024] KEHC 5020 (KLR)

Atiang v Republic (Miscellaneous Criminal Application E058 of 2024) [2024] KEHC 5020 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5020 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E058 of 2024

RE Aburili, J

May 9, 2024

Between

Geofrey Ochieng Atiang

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Senior Principal Magistrate’s Court Sexual Offences Case No. E024 of 2022 at Tamu)

Ruling

1. In the application dated 9th January 2024, Geoffrey Ochieng Atiang seeks for sentence reduction due to its ambiguity.

2. He annexes committal warrant of imprisonment dated 1st March 2023 from Tamu Senior Principal Magistrate’s court vide Sexual Offences Case No. E024 of 2022 where he was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

3. There is no indication whether he has appealed. He was sentenced to serve life imprisonment.

4. I find no ambiguity in the sentence imposed as it is anchored in law under Section 8(2) of the Sexual Offences Act.

5. I find the application to be misplaced. It is hereby dismissed.

6. This filed is closed.

7. Signal to issue.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE