Okello alias Otis v Republic [2024] KEHC 11594 (KLR)

Okello alias Otis v Republic (Miscellaneous Criminal Application E171 of 2024) [2024] KEHC 11594 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11594 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E171 of 2024

RE Aburili, J

September 26, 2024

Between

Gabriel Otieno Okello Alias Otis

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E072 of 2021)

Ruling

1. The Convict/Applicant Gabriel Otieno Okello alias Otis was sentenced to serve twenty (20) years imprisonment contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act on 27th March 2023 vide Winam SPM Sexual Offences Case No. E072 of 2021.

2. He now seeks for sentence reduction because he was given severe sentence.

3. I have considered the application dated 20th August 2024. The sentence imposed was below the Mandatory life imprisonment under Section 8(2) of the Sexual Offences Act.

4. I find no reason to interfere with lenient lawful sentence.

5. The application dated 20th August 2024 is hereby dismissed and this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE