Ojwach v Republic [2024] KEHC 7288 (KLR)

Ojwach v Republic (Criminal Revision E107 of 2024) [2024] KEHC 7288 (KLR) (11 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7288 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E107 of 2024

RE Aburili, J

June 11, 2024

Between

Amos Ochieng Ojwach

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E006 of 2020)

Ruling

1. The Applicant Amos Ochieng Ojwach is a convict vide Winam SPM Sexual Offences Case No. E006 of 2020 where he was sentenced to serve ten (10) years imprisonment for the offence of sexual assault contrary to Section 5(1) (a) (i) as read with Section 5(2) of the Sexual Offences Act.

2. He now seeks sentence reduction to a least severe form of punishment.

3. I find no jurisdiction to reduce or revise sentence that was lawfully imposed in an application of this nature for revision of sentence not supported by any appeal for the court to consider merits thereof.

4. There is no reason given for not appealing. The sentence imposed was lawful.

5. I find the application for sentence revision to be devoid of any merit. It is dismissed.

6. This file is closed.

Dated, Signed and Delivered at Kisumu this 11th Day of June, 2024********R. E. ABURILIJUDGEPage 2 of 2