Owuor v Republic [2023] KEHC 24110 (KLR)

Owuor v Republic (Criminal Petition E019 of 2023) [2023] KEHC 24110 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24110 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E019 of 2023

DO Ogembo, J

October 19, 2023

Between

Richard Ochieng Owuor

Applicant

and

Republic

Respondent

Ruling

1. The applicant, Richard Ochieng Owuor, has filed an application dated 3-4-2023 before this court on 20-4-2023.

2. The same brought as a petition seeks basically orders of revision of sentence. The grounds for revision are not stated on the face of the application nor on the affidavit sworn in support of the application. The applicant, while making his oral submissions on the application, also did not disclose the basis of his application. He otherwise confirmed that the trial court did not err in the sentence and that his appeal to the high court was dismissed.

3. In response, Ms. Mumu for the State opposed the application.

4. Counsel submitted that the sentence of 20 years imprisonment was legal and the applicant can only file an appeal to a high court. Counsel urged that this application be dismissed.

5. I have considered the submissions of the parties herein. The proceedings of the trial court show that applicant was charged with the offence of defilement contrary to Section 8(i)(3) of the Sexual Offences Act No. 3 of 2006. He went through the motion of trial. He was eventually convicted on the main count and sentenced to serve 20 years imprisonment. This was on 5-4-2019. The section under which the applicant was convicted provides for a sentence of not less than 20 years. The sentence meted out against the applicant was therefore proper and legal.

6. In the present application, the applicant has not shown any error, irregularity or impropriety in the sentence of the lower court as to make this court invoke it. Powers of revision under Section 362 of the Criminal Procedure Code.

7. The proceedings of the trial court shows that applicant was out on bond during his trial.

8. The sentence as ordered by the trial court was therefore proper and whereas the applicant submitted that his appeal to the High Court was dismissed, he nonetheless gave no particulars of the appeal. If indeed his appeal was dismissed by the High Court, then this court would obviously be functus officio in this matter and lacks the jurisdiction to entertain this application.

9. I totally do not find any merit in this application of the applicant dated 3/4/2023. I dismiss the same wholly. It is so ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF OCTOBER, 2023. D.O. OGEMBOJUDGE19. 10. 2023Court:RULING READ OUT IN COURT IN THE PRESENCE OF THE APPLICANT AND MS. MUMU FOR STATE.D.O. OGEMBOJUDGE19. 10. 2023