Moses Omondi Oduor v Republic [2020] KEHC 16 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. E018 OF 2020

CORAM: HON. R.E. ABURILI J

MOSES OMONDI ODUOR................................................APPLICANT

VERSUS

REPUBLIC........................................................................RESPONDENT

(Application for resentencing in Ukwala SRM SO Case No. 46 of 2009 judgment delivered on 21st April, 2009)

RULING

1. I have considered the application for Resentence filed on 2/12/2020. I observe that the applicant convict Moses Omondi Oduor was sentenced to serve 30 years imprisonment for the offence of defilement contrary to section 8(1) as read with Section 8(3) of the Sexual Offences Act on 21/4/2009 by Ukwala RM’s court, that being sentence above the mandatory minimum of 20 years under the said section.

2. I have considered the Plea of resentence in view of Jared Injiri Koita Vs R [2019] eKLR case, applying the principles set out in the Francis Muruatetu Vs R [2017] eKLR case. I have also considered the mitigations and the life’s skills learnt by the convict in prison custody and the positive recommendation by Officer In charge Kisumu Medium Prison.

3. The convict has now served eleven (11) years of the 30 years imprisonment imposed. He was 24 years at the trial and is now 35 years old. I resentence the applicant/convict to 15 years imprisonment. The 30 years imprisonment imposed is accordingly set aside and substituted with 15 years’ imprisonment to be calculated from date of arrest of the convict.

4. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 3RD DAY OF DECEMBER, 2020

R.E. ABURILI

JUDGE