Wanga v Republic [2024] KEHC 11904 (KLR)

Wanga v Republic (Criminal Miscellaneous Application E031 of 2024) [2024] KEHC 11904 (KLR) (27 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11904 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E031 of 2024

RE Aburili, J

September 27, 2024

Between

Alfred Waganda Wanga

Applicant

and

Republic

Respondent

((Being an Application for review of Conviction and sentence of Bondo PM’s Court vide Sexual Offence No. 43 of 2019 delivered by Hon. S.W. Mathenge dated 10/2/2022))

Ruling

1. The applicant Alfred Waganda Wanga is a convict vide Bondo PM Sexual Offence Case No. 43/2019 wherein he was sentenced to serve 20 years imprisonment for the offence of defilement under Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act.

2. He appealed under HCRA E007/2022 which appeal was hard and determined on merit and dismissed vide judgment rendered on 21/11/2022. The applicant then appellant was ably represented by Mr. P.D Onyango advocate.

3. The convict now applies for sentence review and reduction pursuant to Section 50 (2) (9) of the Constitution.

4. I have considered the application and ground that he has become remorseful for his acts of lawlessness and a first offender.

5. I find no merit in the application for sentence review or reduction.

6. The application dated 14/4/2024 is hereby dismissed.

7. This file is closed.

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