[2024] KEHC 11907 (KLR)
The court found no merit in the applicant's request for sentence revision, noting that the applicant had already appealed against both conviction and sentence, and the appeal was dismissed. The court observed that there was no error, illegality, or impropriety in the sentence imposed, and that the applicant had...
Source-derived case information.
- Citation
- [2024] KEHC 11907 (KLR)
- Parties
- Applicant: Samuel Ogolla Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E029 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Sentence Revision Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Sexual Offences, Rape Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ogolla Opondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the applicant has established sufficient grounds for revision of his sentence under the Sexual Offences Act.
Ratio Decidendi
The court found no merit in the applicant's request for sentence revision, noting that the applicant had already appealed against both conviction and sentence, and the appeal was dismissed. The court observed that there was no error, illegality, or impropriety in the sentence imposed, and that the applicant had previously made a similar application. Accordingly, the application for sentence revision was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Opondo v Republic (Criminal Miscellaneous Application E029 of 2024) [2024] KEHC 11907 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11907 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E029 of 2024
RE Aburili, J
September 27, 2024
Between
Samuel Ogolla Opondo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Samuel Ogolla Opondo was convicted vide Ukwala PM S.O 35/2017 of the offence of rape contrary to Section 3(1) (a) (c) of the Sexual Offences Act and sentenced to serve 15 years imprisonment. He appealed vide HCRA 36/2017 which appeal against conviction and sentence was dismissed vide judgment rendered on 3/12/2018. He has applied for sentence revision.
2. I have considered the application and his submissions dated 9/4/2024. I do not find any merit in the application. I dismiss it and close this file noting that the same applicant has made a similar application vide Misc. Cr. App. E086/2024.
3. This file is closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE