Oloo v Republic [2024] KEHC 11778 (KLR)

Oloo v Republic (Miscellaneous Criminal Application E098 of 2023) [2024] KEHC 11778 (KLR) (27 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11778 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E098 of 2023

RE Aburili, J

September 27, 2024

Between

Charles Omondi Oloo

Applicant

and

Republic

Respondent

(Being an Application for Review from Conviction and Sentence in Bondo Senior Principal Magistrate’s Court, Criminal Case No. 855 of 2016 delivered by Hon. E.N. Wesike, (RM) dated 12/10/2018)

Ruling

1. The Applicant Charles Omondi Oloo is a convict under Section 8(2) of the Sexual Offences Act vide Bondo SPM SO Case No. 855 of 2018. He was sentenced to serve 30 years imprisonment on 12/10/2018.

2. He appealed vide Siaya HCCRA 57/2018 and judgment delivered on 6/10/2023 seeking that Section 333 (2) of the CPC was not applied, taking into account the period he spent in custody.

3. That application was dismissed on 25/7/2023 on account that the convict was released on bond 6 days after taking plea.

4. The convict is back again with a bang. In his application dated 13/9/2023, he seeks orders that since he is profusely a first offender, is remorseful, rehabilitated and socially readapted, this court should review, reduce his sentence.

5. I have considered the application and the submissions for and against. I find no merit in the prayers sought. The application dated 13/9/2023 is hereby dismissed and this file is hereby closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE