Okumu v Republic [2022] KEHC 13892 (KLR)

Okumu v Republic (Criminal Petition E016 of 2022) [2022] KEHC 13892 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13892 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E016 of 2022

RE Aburili, J

October 12, 2022

Between

Benjamin Anganga Okumu

Applicant

and

Republic

Respondent

(Being a Petition seeking resentence from conviction and sentence in the Principal Magistrate’s court at Bondo in Sexual Offence Case No.70 of 2020 by Hon. S.W. Mathenge, Resident Magistrate on 30. 11. 2021 and in Siaya HC Criminal Appeal No. E028/2021)

Ruling

1. The applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. He was sentenced to serve 20 years imprisonment. He appealed to this court vide HCRA E028/2021 and his appeal was dismissed vide judgment rendered on May 3, 2022. He has not appealed. He had the opportunity to challenge the decision of this court.

2. This court considered the time spent in custody during trial, in the appeal, as required under section 333(2) of theCriminal Procedure Code.

3. I find no grounds to persuade this court to resentence him as I took into account all circumstances of the case and the decision by Odunga J in Machakos HC Const. Petition E017/2022 in upholding the sentence imposed by the trial court, considering that he was not remorseful from the presentence report claiming that he was fixed because he had not paid dowry. The convict deserved the punishment meted out.

4. I find the application devoid of any merit.

5. I dismiss it.File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE