Odhiambo v Republic [2024] KEHC 13435 (KLR)

Odhiambo v Republic (Miscellaneous Criminal Application 88 of 2023) [2024] KEHC 13435 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13435 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application 88 of 2023

RE Aburili, J

October 22, 2024

Between

Paul Odhiambo Odhiambo

Applicant

and

Republic

Respondent

Ruling

1. The applicant Paul Odhiambo Odhiambo is a convict in Bondo PM SO Case No. 31/2018 where he was sentenced to serve 30 years imprisonment on 4/2/2019 for the offence of defilement contrary to Section 8(1) as read with section 8(2) of the Sexual Offences Act. He appealed vide HCCRA 5/2019. Which appeal was dismissed both against conviction and sentence on 17/2/2020.

2. The convict now applies vide his Notice of Motion dated 6/7/2023 for review of or reduction of the sentence imposed to enable him salvage his future and that the sentence to take into account Section 333 (32) of the Criminal Procedure Code. He also filed submissions and certificates of the life skills acquired while in prison.

3. I have considered the application for sentence review.

4. I find no jurisdiction to review sentence upheld by this Court on appeal. Further, the convict was lucky to get a term sentence of 30 years noting that the mandatory sentence under Section 8 (2) of the Sexual Offences Act is life imprisonment. The victim of the offence was aged 8 years.

5. Additionally, the convict should have raised the issue of section 333 (2) of the CPC in the appeal for consideration.

6. I find this application to be devoid of merit. It is hereby dismissed. This file is closed.

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