Odera v Republic [2024] KEHC 10227 (KLR)

Odera v Republic (Miscellaneous Criminal Application E131 of 2024) [2024] KEHC 10227 (KLR) (19 August 2024) (Ruling)

Neutral citation: [2024] KEHC 10227 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E131 of 2024

RE Aburili, J

August 19, 2024

Between

Nickson Ochoro Odera

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu CM SO Case No. E004 of 2023)

Ruling

1. The applicant claims in his application dated 5/7/2024 that he was convicted of the offence of defilement under Section 8(3) Sexual Offences Act and was sentenced to serve 5 years in prison. He claims that he was in custody for 4 months and two weeks which were never considered in sentencing.

2. There is no evidence on record to support the allegations.

3. I find the application is not supported by any material. It is hereby dismissed.

4. Signal to issue.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE