REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA CRIMINAL APPEAL NO. 97 OF 2017 MAURICE OCHIENG OBADHA...........................APPELLANT VERSUS REPUBLIC............................................................ RESPONDENT (Being an appeal against conviction and sentence in Siaya PMCCR [S.O.] No.6 of 2017 dated 4.10.2017 before Hon. J.O. Ongondo – Principal Magistrate) JUDGMENT 1. The appeal herein filed on 6.10.2017 challenges the conviction and sentence of 10 years imprisonment imposed by Hon. J.O. Ong’ondo – P.M. delivered on 4.10.2017 in Siaya PM [S.O.] Case No. 6 of 2017. 2. The appellant Maurice Ochieng was convicted and sentenced for raping a 70 year old woman on the nights of 2 nd and 3rd February, 2017 at Got Regea Sub-Location in Gem Sub-County within Siaya County. The appellant has now applied to have his appeal against conviction withdrawn. I hereby mark his appeal against conviction as withdrawn. 3. On sentence, the appellant was sentenced to a minimum sentence of 10 years imprisonment under Section 3(1) (a) (b) (3) of the Sexual Offences Act. 4. That Section also gives discretion to the court to enhance sentence to life imprisonment. 5. However, as the appellant has not pursued his appeal against conviction, I invoke Section 333(2) of the Criminal Procedure Code and Order that the 10 year imprisonment shall be calculated form 3.2.2017 when the appellant was first arrested since he was not on bond during the trial. 6. The appeal against sentence is accordingly allowed to that extent only. 7. Orders accordingly. Dated, Signed and Delivered at Siaya this 20th Day of November, 2019. R. E. ABURILI JUDGE In the presence of: The appellant in person Mr. Okachi SPPC CA: Brenda and Modestar
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.