Ogonda v Republic [2024] KEHC 5699 (KLR)

Ogonda v Republic (Miscellaneous Criminal Application E068 of 2024) [2024] KEHC 5699 (KLR) (21 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5699 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E068 of 2024

RE Aburili, J

May 21, 2024

Between

Kamlus Osogo Ogonda

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E011 of 2022 at Tamu on 8/12/2021)

Ruling

1. The Applicant was convicted for the offence of rape contrary to section 3(1)(a) as read with section 3(3) of the Sexual Offences Act. He was sentenced to serve 10 years imprisonment. On appeal, the applicant’s appeal was dismissed. He now seeks for reduction of sentence on account of age.

2. There is no jurisdiction left to revise that sentence which the Applicant claims is remaining 4 years and 8 months.

3. The application for sentence revision dated 17th April 2024 is dismissed.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 21STDAY OF MAY, 2024R. E. ABURILIJUDGE