Oduor v Republic [2024] KEHC 11761 (KLR)

Oduor v Republic (Miscellaneous Criminal Application E039 of 2024) [2024] KEHC 11761 (KLR) (27 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11761 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E039 of 2024

RE Aburili, J

September 27, 2024

Between

Jairo Oluoch Oduor

Applicant

and

Republic

Respondent

(Being an Application for review of Conviction and sentence of Ukwala PM’s Court vide S.O No. 371 of 2014 delivered by R M Oanda SRM)

Ruling

1. The Applicant was convicted and sentenced to serve twenty years imprisonment on 12/2/2016 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act. He appealed vide Siaya HCRA 8/2016 which appeal was heard and dismissed both on conviction and sentence on 6/10/2016.

2. The court now applies that he be placed on probation because he has served 8 years in jail and has been rehabilitated, that he is the sole bread winner in his family and regrets committing the offence.

3. I have considered the application. This court is functus officio and is devoid of any jurisdiction to exercise further discretion to review the lawful sentence imposed.

4. The application dated 15/5/2024 is found to be devoid of any merit. It is hereby dismissed.

5. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE