[2024] KEHC 11607 (KLR)
The court found no reason to reduce or review the sentence imposed on the applicant, as the sentence was lawful and there was no demonstration of any error or illegality in the original sentencing. The application for sentence reduction was therefore dismissed, and the file closed.
Source-derived case information.
- Citation
- [2024] KEHC 11607 (KLR)
- Parties
- Applicant: Andrew Kipsegei Choge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E161 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Defilement, Sexual Offences Act, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Andrew Kipsegei Choge
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the applicant is entitled to a reduction or review of the sentence imposed for defilement under the Sexual Offences Act.
Ratio Decidendi
The court found no reason to reduce or review the sentence imposed on the applicant, as the sentence was lawful and there was no demonstration of any error or illegality in the original sentencing. The application for sentence reduction was therefore dismissed, and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 20th May 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Choge v Republic (Miscellaneous Criminal Application E161 of 2024) [2024] KEHC 11607 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11607 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E161 of 2024
RE Aburili, J
September 26, 2024
Between
Andrew Kipsegei Choge
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E004 of 2021)
Ruling
1. The Convict Andrew Kipsegei Choge vide his application dated 20th May 2024, seeks for sentence reduction. 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(3) of the Sexual Offences Act, vide Tamu SRM Sexual Offences Case No. E004 of 2021.
2. He appealed vide HCCRA No. E044 of 2021 which appeal was dismissed.
3. He now seeks for a lesser severe sentence.
4. I have considered the application dated 20th May 2024 and grounds in support.
5. I find no reason to reduce or review lawful sentence.
6. The application dated 20th May 2024 is dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE