[2024] KEHC 11603 (KLR)
The court found that the application filed by the applicant did not contain any substantive prayers or grounds upon which the court could grant relief. The applicant merely reiterated his conviction and sentence for defilement and noted that his previous appeal had been dismissed. The court further held that the...
Source-derived case information.
- Citation
- [2024] KEHC 11603 (KLR)
- Parties
- Applicant: Edwin Otieno Odero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E151 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Motion
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sexual Offences, Defilement, Sentencing, Appeals, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Otieno Odero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion
Legal Issues
- 1 Whether the application by the applicant discloses any substantive prayers or grounds for relief.
- 2 Whether the sentence imposed for defilement was lawful under the Sexual Offences Act.
Ratio Decidendi
The court found that the application filed by the applicant did not contain any substantive prayers or grounds upon which the court could grant relief. The applicant merely reiterated his conviction and sentence for defilement and noted that his previous appeal had been dismissed. The court further held that the sentence imposed was lawful, as it was within the statutory limits provided under Section 8(2) of the Sexual Offences Act. Consequently, the application was dismissed for want of substance.
Court Disposition
application dismissed
Orders
- The application dated August 13, 2024 is dismissed for want of substance.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Odero v Republic (Miscellaneous Criminal Application E151 of 2024) [2024] KEHC 11603 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11603 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E151 of 2024
RE Aburili, J
September 26, 2024
Between
Edwin Otieno Odero
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando Senior Principal Magistrate Criminal Sexual Offences Case No. 10 of 2019)
Ruling
1. The Applicant by way of Notice of Motion as filed by Edwin Otieno Odero cannot be comprehended as there are no substantive prayers sought.
2. He only claims that he was convicted for defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act and sentenced to serve sixty (60) years imprisonment vide Nyando SPM Sexual Offences Case No. 10 of 2019.
3. That he appealed vide Kisumu HCCRA No. 01 of 2021 which appeal was dismissed. Nothing else is stated why he is back into this court. The sentence meted out was lawful considering its length versus the life imprisonment provided for under section 8(2) of the Act.
4. The application dated August 13, 2024 is dismissed for want of substance and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE