[2022] KEHC 13154 (KLR)
The court found that the applicant's claim that he was serving a mandatory minimum sentence was factually incorrect, as the High Court had already resentenced him from life imprisonment to a term of 75 years. There was therefore no basis for a further resentencing application. The application was deemed mischievous...
Source-derived case information.
- Citation
- [2022] KEHC 13154 (KLR)
- Parties
- Applicant: Julias Oduor Apondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E116 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Principles, Sexual Offences Act, Resentencing, Mandatory Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julias Oduor Apondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant was sentenced to a mandatory minimum sentence that is unconstitutional.
- 2 Whether there are grounds to resentence the applicant after the High Court already resentenced him.
Ratio Decidendi
The court found that the applicant's claim that he was serving a mandatory minimum sentence was factually incorrect, as the High Court had already resentenced him from life imprisonment to a term of 75 years. There was therefore no basis for a further resentencing application. The application was deemed mischievous and devoid of merit, and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Apondi v Republic (Miscellaneous Criminal Application E116 of 2022) [2022] KEHC 13154 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13154 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E116 of 2022
RE Aburili, J
September 23, 2022
Between
Julias Oduor Apondi
Applicant
and
Republic
Respondent
(Being an Application arising from Judgment, conviction and sentence in Ukwala SRM’s court Sexual Offence Case No. 20 of 2018 delivered on 13/8/2018 by Hon. G.A. Adhiambo, Senior Resident Magistrate AND Siaya High Court Criminal Appeal No. 40/2018)
Ruling
1. The applicant Julias Oduor Apondi was convicted for the offence of defilement contrary to Section 8(1) and as read with section 8(2) of the Sexual Offences Act by Hon G Adhiambo SRM, Ukwala, on August 13, 2018 vide Ukwala SRM SO 20/2018.
2. He was sentenced to life in prison. He appealed to this court vide HCRA 40/2018 andvide judgment delivered on January 22, 2020, I upheld the conviction but resentenced him to serve 75 years in prison.
3. He now claims that he was sentenced to serve mandatory minimum sentence which is unconstitutional.This cannot be true as this court already resentenced him to serve 75 years imprisonment from life imprisonment imposed on him by the trial court. That being the case, I find this application mischievous and devoid of merit.
4. I dismiss the application for resentence.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE