Ogola v Republic [2024] KEHC 15116 (KLR)

Ogola v Republic (Criminal Petition E011 of 2023) [2024] KEHC 15116 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15116 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E011 of 2023

RE Aburili, J

November 22, 2024

Between

William Ochieng Ogola

Applicant

and

Republic

Respondent

Ruling

1. The Petitioner is William Ochieng Ogola. He is a convict in Siaya SPM SO 679/2016 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act and was sentenced to serve 20 years imprisonment on 21/11/017.

2. Vide his petition dated 13/3/2023, he seeks for sentence review because he has undergone rehabilitation in prison and is reformed, ready for reintegration into society.

3. The convict was sentenced to lawful term as per Section 8(3) of the Sexual Offences Act and following the decision of the Supreme Court in Criminal Petition E018/2023 which declared that minimum or mandatory sentences under the Sexual Offences Act to be lawful and constitutional and that the Muruatetu case only applied to murder cases, I find this petition dated 13/3/2023 to be devoid of any merit and the same is hereby dismissed.

4. Signal to issue.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE