[2024] KEHC 14312 (KLR)
The High Court found that the applicant's request for further relief regarding the computation of his sentence lacked merit because the Court of Appeal had already determined that the 15-year sentence was to be computed from the date of sentencing in the lower court. The High Court held that it could not revisit or...
Source-derived case information.
- Citation
- [2024] KEHC 14312 (KLR)
- Parties
- Applicant: Onyango Mark Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E108 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sexual Offences, Sentencing, Appeals, Gang Rape
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyango Mark Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to further relief regarding the computation of his sentence for gang rape.
- 2 Whether the application raises any merit warranting interference with the sentence as previously determined.
Ratio Decidendi
The High Court found that the applicant's request for further relief regarding the computation of his sentence lacked merit because the Court of Appeal had already determined that the 15-year sentence was to be computed from the date of sentencing in the lower court. The High Court held that it could not revisit or alter the decision of the Court of Appeal, as the matter was res judicata and the doctrine of finality of appellate decisions applied. Accordingly, the application was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
- This file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Oduor v Republic (Criminal Miscellaneous Application E108 of 2023) [2024] KEHC 14312 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14312 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E108 of 2023
RE Aburili, J
November 8, 2024
Between
Onyango Mark Oduor
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Onyango Mark Oduor was convicted of gang rape contrary to Section 10 of the Sexual Offences Act. He was sentenced to serve fifteen years imprisonment by Ukwala PM Sexual Offence No. 393/2023.
2. He appealed vide Siaya HCRA 61/2011 which appeal was dismissed. He appealed to the Court of Appeal vide Kisumu Court of Appeal CRA 79/2017 which appeal was allowed on sentence to the extent that the 15 years imprisonment would be computed to begin from date of sentencing in the lower court vide this application dated 28/11/2023, the Applicant. I find no merit. It is hereby dismissed.
3. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE