Choge v Republic [2024] KEHC 11607 (KLR)

Choge v Republic (Miscellaneous Criminal Application E161 of 2024) [2024] KEHC 11607 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11607 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E161 of 2024

RE Aburili, J

September 26, 2024

Between

Andrew Kipsegei Choge

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E004 of 2021)

Ruling

1. The Convict Andrew Kipsegei Choge vide his application dated 20th May 2024, seeks for sentence reduction. 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(3) of the Sexual Offences Act, vide Tamu SRM Sexual Offences Case No. E004 of 2021.

2. He appealed vide HCCRA No. E044 of 2021 which appeal was dismissed.

3. He now seeks for a lesser severe sentence.

4. I have considered the application dated 20th May 2024 and grounds in support.

5. I find no reason to reduce or review lawful sentence.

6. The application dated 20th May 2024 is dismissed and this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE