Kasera v Republic [2023] KEHC 36 (KLR)

Kasera v Republic (Criminal Revision E004 of 2023) [2023] KEHC 36 (KLR) (16 January 2023) (Ruling)

Neutral citation: [2023] KEHC 36 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E004 of 2023

RE Aburili, J

January 16, 2023

Between

Fredrick Ogor Kasera

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM’s SO Criminal Case No. 537 of 2014 delivered by Hon. M. Obiero, Principal Magistrate on 29. 10. 2015)

Ruling

1. The convict Fredrick Ogor Kasera was convicted and sentenced to serve 15 years imprisonment for the offence of defilement contrary to section 8(1) (3) of the Sexual Offences Act. It is not clear whether he appealed or not.

2. He is to complete his sentence on October 28, 2030 from October 29, 2015. He has served only 7 of the 15 years imprisonment.

3. I find the convict Fredrick Ogor Kasera not suitable at this stage for prison decongestion as he still has 8 years to complete the prison term.

4. I dismiss the application.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF JANUARY, 2023R.E. ABURILIJUDGE