Odhiambo v Republic [2024] KEHC 11611 (KLR)

Odhiambo v Republic (Miscellaneous Criminal Application E172 of 2024) [2024] KEHC 11611 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11611 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E172 of 2024

RE Aburili, J

September 26, 2024

Between

David Odhiambo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 44 of 2020)

Ruling

1. The Convict David Odhiambo was sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act on 8th June 2020.

2. This was vide Winam SPM Criminal Case No. 44 of 2020. He now applies for sentence review and reduction on the ground that he is reformed.

3. I have considered the application dated 8th July 2024. The convict escaped the lawful life imprisonment which is mandatory under Section 8(2) of the Sexual Offences Act.

4. I find no reason to reduce lenient sentence imposed.

5. The application dated July 8, 2024 is dismissed and this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE