[2024] KEHC 13377 (KLR)
The court found that the application for resentencing lacked substance, as the applicant had already been convicted and sentenced to life imprisonment for defilement of a 4-year-old, and his appeal against both conviction and sentence had been dismissed. There was no new legal or factual basis presented to warrant...
Source-derived case information.
- Citation
- [2024] KEHC 13377 (KLR)
- Parties
- Applicant: Simon Oduor Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E074 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Oduor Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing after conviction and dismissal of appeal for the offence of defilement.
- 2 Whether there is any substantive basis for granting the resentencing application.
Ratio Decidendi
The court found that the application for resentencing lacked substance, as the applicant had already been convicted and sentenced to life imprisonment for defilement of a 4-year-old, and his appeal against both conviction and sentence had been dismissed. There was no new legal or factual basis presented to warrant interference with the sentence. Accordingly, the application for resentencing was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed for want of substance.
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E074 of 2023) [2024] KEHC 13377 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13377 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E074 of 2023
RE Aburili, J
October 22, 2024
Between
Simon Oduor Oloo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Simon Oduor Oloo is a convict in Siaya SPM So Case No. 68/2019 for the offence of defilement contrary to Section 8 (1) as read with Section 8 92) of the Criminal Procedure Code. he was sentenced to serve life imprisonment. The victim of the offence was aged 4 years.
2. He appealed vide Siaya HCCRA E026/2021 which appeal against conviction and sentence was dismissed on 23/34/2022.
3. He now seeks for resentencing.
4. I have considered the application for resentencing is dismissed for want of substance. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE