Oginjo v Republic [2022] KEHC 14178 (KLR)

Oginjo v Republic (Miscellaneous Criminal Application E137 of 2022) [2022] KEHC 14178 (KLR) (21 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14178 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E137 of 2022

RE Aburili, J

October 21, 2022

Between

William Omondi Oginjo

Applicant

and

Republic

Respondent

(Being an Application for leave of court to appeal against sentence in PM’s Bondo Sexual Offence No. E066/2021delivered by Hon. J.P. Nandi, Principal Magistrate on 8/2/2022)

Ruling

1. In the application filed on October 17, 2022 by the applicant/convict herein William Omondi Onginjo, he seeks leave of court to appeal against sentence of 15 years imprisonment imposed on him on February 8, 2022 by the Hon JP Nandi, Principal Magistrate in Bondo PM Sexual Offence case No E066/2021.

2. The applicant was charged with the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act.

3. Under section 8(3) of the Sexual Offences Act, upon conviction, the offender is liable to imprisonment of a term not less than 20 years. In the instant case, the convict was given 15 years imprisonment. That being the case, I find that besides the inordinate unexplained delay in filing the appeal and this application for leave to file an appeal out of time, the intended appeal against sentence is sham as the sentence imposed is lawful and way below the Minimum mandatory sentence stipulate din section 8(3) of the Sexual Offences Act. I find this application not merited. It is hereby dismissed.

4. File is closed.

5. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF OCTOBER, 2022R.E. ABURILIJUDGE