[2022] KEHC 13725 (KLR)
The court found that it had already exercised its discretion in resentencing the applicant from life imprisonment to 35 years' imprisonment, taking into account the seriousness of the offence and the relevant legal principles established in Francis Muruatetu and Jared Koita Injiri. The applicant's claim that the...
Source-derived case information.
- Citation
- [2022] KEHC 13725 (KLR)
- Parties
- Applicant: Ezekiel Onyango Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E127 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing After Conviction and Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Principles, Constitutionality of Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Onyango Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing After Conviction and Appeal
Legal Issues
- 1 Whether the mandatory sentence imposed on the applicant for defilement was unconstitutional.
- 2 Whether the applicant was entitled to resentencing after the High Court had already exercised discretion and resentenced him.
Ratio Decidendi
The court found that it had already exercised its discretion in resentencing the applicant from life imprisonment to 35 years' imprisonment, taking into account the seriousness of the offence and the relevant legal principles established in Francis Muruatetu and Jared Koita Injiri. The applicant's claim that the mandatory sentence was unconstitutional was rejected as misleading, since the court had not imposed a mandatory sentence but had instead applied judicial discretion. The application for further resentencing was therefore dismissed as mischievous, frivolous, and vexatious.
Court Disposition
application dismissed
Orders
- The application for resentencing filed on October 4, 2022 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E127 of 2022) [2022] KEHC 13725 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13725 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E127 of 2022
RE Aburili, J
October 12, 2022
Between
Ezekiel Onyango Oloo
Applicant
and
Republic
Respondent
(Being an Application seeking resentence from conviction and sentence in Principal Magistrate’s court at Siaya in Sexual Offence No. 15/2019 delivered on 25/10/2019 by Hon. J.O. Ongondo, Principal Magistrate and in Siaya HCRA No. 82/2019)
Ruling
1. The application was convicted of the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act in Siaya PM SO 15/2019 and sentenced to serve life imprisonment. He appealed to this court vide HCRA 82/2019 and vide judgment rendered on September 29, 2020 two years ago, his appeal against convicted was dismissed. The life imprisonment was set aside and substituted with 35 years’ imprisonment to be calculated from the date of his sentencing in the lower court.
2. I applied the principles set out in Francis Muruatetu & AnothervRepublic[2017)eKLR as applied inJared Koita InjirivRepublic (2019) eKLR in sentencing the convict.
3. He now claims that the mandatory sentence imposed on him is unconstitutional. He is lying to this court which exercised discretion and resentenced him to a lenient sentence considering the seriousness of the offence.
4. I find the application filed on October 4, 2022 for resentencing to be mischievous, frivolous and vexatious. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE