Owino v Republic [2023] KEHC 2884 (KLR)

Owino v Republic (Petition E038 of 2022) [2023] KEHC 2884 (KLR) (24 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2884 (KLR)

Republic of Kenya

In the High Court at Kisumu

Petition E038 of 2022

RE Aburili, J

March 24, 2023

Between

Duncan Odongo Owino

Applicant

and

Republic

Respondent

(From original conviction and sentence in Sexual Offences No 3 of 2018 in the Resident Magistrate’s Court at Winam)

Ruling

1. The petitioner herein Duncan Odongo Owino was convicted and sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act.

2. From the annexed extract from prisoner’s record sheet at Kisumu Maximum Prison, the convict has been in prison for three (3) years and that he has appealed against the judgement, conviction and sentence passed in Winam Resident Magistrate’s Court Sexual Offences case No 3 of 2018. He was convicted on May 8, 2019.

3. As the petitioner has a pending appeal for consideration, this court cannot revise his sentence. I find this petition for resentencing premature. It is hereby dismissed.

4. This file is closed.

5. The petitioner/convict to be notified via signal to prison.

6. Ruling and signal to be typed forthwith.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE