[2024] KEHC 11771 (KLR)
The court found that the applicant's request for review of sentence was not merited because the conviction and sentence had already been considered and determined on appeal, with the sentence having been reduced from 20 to 10 years. No exceptional circumstances or new grounds were presented to justify further...
Source-derived case information.
- Citation
- [2024] KEHC 11771 (KLR)
- Parties
- Applicant: Mark David Otieno Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E065 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Review, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark David Otieno Ogolla
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the application for review of sentence is merited after conviction and sentence were previously upheld and reduced on appeal.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant's request for review of sentence was not merited because the conviction and sentence had already been considered and determined on appeal, with the sentence having been reduced from 20 to 10 years. No exceptional circumstances or new grounds were presented to justify further review. The court held that entertaining the application would amount to an abuse of court process, as it sought to re-open issues already conclusively determined. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed as an abuse of court process.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogolla v Republic (Criminal Miscellaneous Application E065 of 2024) [2024] KEHC 11771 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11771 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E065 of 2024
RE Aburili, J
September 27, 2024
Between
Mark David Otieno Ogolla
Applicant
and
Republic
Respondent
(Being an Application for review of conviction and sentence of in Bondo PM’s Court vide SO No. 64 of 2020 delivered by Hon. S.W. Mathenge RM)
Ruling
1. The Applicant Mark David Otieno Ogolla was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(3) of Sexual Offences Act. He was sentenced to serve 20 years imprisonment vide Bondo SPM SO 64/2020. He appealed vide Siaya HCCRA E020 of 2022 and vide judgment delivered on 25/1/2023, the applicant was lucky to have his sentence reduced to 10 years imprisonment conviction was upheld.
2. He now applies for sentence review.
3. I find this application dated 19/2/2024 to be an abuse of court process. It is hereby dismissed.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R.E. ABURILIJUDGE