Odhiambo v Republic [2022] KEHC 13747 (KLR)

Odhiambo v Republic (Miscellaneous Criminal Application E084 of 2022) [2022] KEHC 13747 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13747 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E084 of 2022

RE Aburili, J

October 5, 2022

Between

George Odhiambo

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in the Principal Magistrate’s in Siaya Criminal Case No. 892 of 2014 AND Siaya HCCRA No. 3/2017)

Ruling

1. I have considered the application filed on July 21, 2022 for resentencing. I observe that the applicant was sentenced to serve life imprisonment in Bondo SO 892/2014 for the offence of defilement contrary to section 8(1)(2) of Sexual Offence Act and on appeal to this court vide HCRA 3/2017, he was resentenced to serve 30 years imprisonment. That being the case, this court cannot resentence him further as it already tampered with the mandatory minimum sentence imposed by the trial court.

2. The application dated June 30, 2022 is dismissed.

3. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE