Sairon Otieno Onyango v State [2020] KEHC 15 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC CRIMINAL APPLICATION NO. EO13 OF 2020

SAIRON OTIENO ONYANGO..........APPLICANT

VERSUS

STATE...............................................RESPONDENT

(Being an application seeking Sentence Reduction against sentence, delivered vide Siaya PMCRC 256 of 2011 on 27. 6.2011 before Hon. W. K. CHEPSEBA – P.M. , Kisumu HCRA 176 OF 2011)

RULING

1. The accused was Sairon Otieno Onyango and Another and were charged with gang rape contrary to Section 10 of the Sexual Offences Act, He pleaded guilty and was sentenced to serve 20 years imprisonment by Hon. W.K. Chepseba, P.M.  He appealed vide Kisumu HCCRA 176/2011 which was dismissed on 28. 11. 2013 by Hon. H.K. Chemitei – J.  His co-accused Geoffrey Oduor Oyugi appealed vide Siaya HCRA 41/2015 and the appeal was dismissed by Hon. J.A. Makau – J as 15. 2.2017. Now the Convict/Appellant/Applicant seeks for sentence Revision.

2. I have received and perused the original case file for the trial court which is Siaya PMCR 2020 No. 256/2011.

3. The applicant/Convict having exercised his right of appeal and as the appeal was determined on merit by a court of competent jurisdiction concurrent with this court, I find this application for resentence and/or sentence reduction misconceived and abuse of court process. This is so because the applicant never filed any appeal before the Court of Appeal which could have considered the sentence issue. The same is hereby dismissed.

4. File closed.

5. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2020

R.E. ABURILI

JUDGE