[2023] KEHC 26814 (KLR)
The court found that the applicant failed to provide sufficient information regarding the outcome of his appeal or whether the sentencing court considered Section 333(2) of the Criminal Procedure Code. The applicant did not demonstrate that the sentence imposed was unconstitutional or unlawful. The court concluded...
Source-derived case information.
- Citation
- [2023] KEHC 26814 (KLR)
- Parties
- Applicant: Moses Ombima Amani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E077 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Review, Sexual Offences Act, Mandatory Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Ombima Amani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence for the offence of defilement under Section 8(2) of the Sexual Offences Act.
- 2 Whether the sentence imposed was unconstitutional.
Ratio Decidendi
The court found that the applicant failed to provide sufficient information regarding the outcome of his appeal or whether the sentencing court considered Section 333(2) of the Criminal Procedure Code. The applicant did not demonstrate that the sentence imposed was unconstitutional or unlawful. The court concluded that the application for sentence review lacked merit and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Amani v Republic (Miscellaneous Criminal Application E077 of 2023) [2023] KEHC 26814 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26814 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E077 of 2023
RE Aburili, J
December 11, 2023
Between
Moses Ombima Amani
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. E042 of 2019 at Winam)
Ruling
1. The Applicant is Moses Ombima Amani. He claims that he 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(2) of the Sexual Offences Act.
2. He states that he appealed vide HCCRA No. E003 of 2023 from Winam SPM Sexual Offences Case No. E042 of 2019. He seeks for sentence review, claiming that the sentence was unconstitutional.
3. The mandatory sentence under Section 8(2) of the Sexual Offences Act is life imprisonment. He does not say what happened to the appeal and whether the court pronounced itself on Section 333(2) of the Criminal Procedure Code.
4. I find the applicant is economical with the truth.
5. This application is not merited. It is hereby dismissed.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE