Khamisi v Republic [2024] KEHC 13433 (KLR)

Khamisi v Republic (Criminal Miscellaneous Application E022 of 2024) [2024] KEHC 13433 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13433 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E022 of 2024

RE Aburili, J

October 22, 2024

Between

Oscar Ndeta Khamisi

Applicant

and

Republic

Respondent

Ruling

1. The applicant Oscar Ndeta Khamisi is a convict in Bondo SPM’s SO E012/2020 which he was sentenced to serve 15 years imprisonment for the offence of defilement contrary to Section 8 (1) as read with Section 8 (4) of the Sexual Offences Act.

2. He has filed two applications in two different files, HCMisc Cr. App E022/2024 and E033/2024 seeking the same orders namely, that he be given reprieve of mandatory sentence. I have considered the application in this matter and in Misc. Cr. App. E033/2024. Both applications are an abuse of court process. The sentence imposed was lawful. I find no reason to interfere.

3. The application dated 5/1/2024 is dismissed. In the same vein, this order shall apply to Mis. Cr. App. E033/2024 which is equally dismissed.

4. This file is closed.

RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE