[2024] KEHC 13433 (KLR)
The court found that the applicant had filed two applications in different files seeking identical orders for reprieve from a mandatory sentence, which amounted to an abuse of court process. The court held that the sentence imposed for defilement was lawful under the Sexual Offences Act and found no reason to...
Source-derived case information.
- Citation
- [2024] KEHC 13433 (KLR)
- Parties
- Applicant: Oscar Ndeta Khamisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E022 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Reprieve of Mandatory Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Sexual Offences Act, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Ndeta Khamisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Reprieve of Mandatory Sentence
Legal Issues
- 1 Whether the applicant is entitled to reprieve from the mandatory sentence imposed for defilement under the Sexual Offences Act.
- 2 Whether the filing of two similar applications in different files constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had filed two applications in different files seeking identical orders for reprieve from a mandatory sentence, which amounted to an abuse of court process. The court held that the sentence imposed for defilement was lawful under the Sexual Offences Act and found no reason to interfere with it. Consequently, both applications were dismissed, and the file was ordered closed.
Court Disposition
application dismissed
Orders
- The application dated 5/1/2024 is dismissed.
- The order of dismissal applies equally to Misc. Cr. App. E033/2024, which is also dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Khamisi v Republic (Criminal Miscellaneous Application E022 of 2024) [2024] KEHC 13433 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13433 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E022 of 2024
RE Aburili, J
October 22, 2024
Between
Oscar Ndeta Khamisi
Applicant
and
Republic
Respondent
Ruling
1. The applicant Oscar Ndeta Khamisi is a convict in Bondo SPM’s SO E012/2020 which he was sentenced to serve 15 years imprisonment for the offence of defilement contrary to Section 8 (1) as read with Section 8 (4) of the Sexual Offences Act.
2. He has filed two applications in two different files, HCMisc Cr. App E022/2024 and E033/2024 seeking the same orders namely, that he be given reprieve of mandatory sentence. I have considered the application in this matter and in Misc. Cr. App. E033/2024. Both applications are an abuse of court process. The sentence imposed was lawful. I find no reason to interfere.
3. The application dated 5/1/2024 is dismissed. In the same vein, this order shall apply to Mis. Cr. App. E033/2024 which is equally dismissed.
4. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE