Juma v Republic [2023] KEHC 26813 (KLR)

Juma v Republic (Miscellaneous Criminal Application E076 of 2023) [2023] KEHC 26813 (KLR) (18 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26813 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E076 of 2023

RE Aburili, J

December 18, 2023

Between

George Odhiambo Juma

Applicant

and

Republic

Respondent

(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. 58 of 2018 at Winam)

Ruling

1. The applicant is George Odhiambo Juma. He seeks to be reheard for resentencing.

2. He claims that he was sentenced to mandatory sentence of ten (10) years for the offence of Rape contrary to section 3(a) (b) (3) of the Sexual Offences Act.

3. He wants the sentence reduced to a lesser severe sentence. He was sentenced vide Winam SPM Sexual Offences Case No. 58 of 2018.

4. He claims that he petitioned vide Kisumu HCCR. Petition No. E054 of 2021 but he does not say the outcome thereof. He does not annex any proceedings and judgment, nor the documents listed in his supporting affidavit.

5. I find the application devoid of any merit.

6. It is hereby dismissed.

7. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE