[2024] KEHC 4997 (KLR)
The court found that the applicant failed to annex any proceedings or judgment to support his application for review and did not lay any legal or factual basis for interfering with the sentence imposed by the trial court. In the absence of any demonstrated error, illegality, or new material, the application for...
Source-derived case information.
- Citation
- [2024] KEHC 4997 (KLR)
- Parties
- Applicant: Stephen Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E061 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Defilement Offence, Sexual Offences Act, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant has established a basis for review of the 20-year sentence imposed for defilement.
- 2 Whether Section 333(2) of the Criminal Procedure Code should be invoked to order the sentence to run from the date of arrest.
Ratio Decidendi
The court found that the applicant failed to annex any proceedings or judgment to support his application for review and did not lay any legal or factual basis for interfering with the sentence imposed by the trial court. In the absence of any demonstrated error, illegality, or new material, the application for review was devoid of merit and was accordingly dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
23 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E061 of 2024) [2024] KEHC 4997 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4997 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E061 of 2024
RE Aburili, J
May 9, 2024
Between
Stephen Otieno Odhiambo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Sexual Offences Case No. 10 of 2020 at Kisumu)
Ruling
1. The Applicant Stephen Otieno Odhiambo seeks orders for review of 20 years imprisonment rendered by Hon. Lagat, SRM in Kisumu CM Criminal Case No. 10 of 2020 for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. He claims that he did not appeal to the Court of Appeal for lack of merit in the case. He also seeks that upon the review of sentence, Section 333(2) of the Criminal Procedure Code be invoked so that his sentence runs from date of arrest.
3. Regrettably, no proceedings or judgment has been annexed to support the request and no basis is laid for review of lawful sentence.
4. I find the application devoid of any merit.
5. It is hereby dismissed.
6. Signal to issue.
7. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE