REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA MISC. CRIMINAL APPLICATION NO. E111 OF 2021 CORAM: R.E. ABURILI, J JOACKIM OLUOCH NYAMBARE.................................................................APPLICANT VERSUS REPUBLIC..........................................................................................................RESPONDENT (Being an Application arising from conviction and sentence of the Principal Magistrate’s court at Ukwala in Criminal Case No. 36 of 2017 by Hon G. Adhiambo, SRM aNd HCRA 48 of 2017-Aburili J ) RULING 1. The applicant was convicted and sentenced to serve 15 years imprisonment for the offence of gang rape contrary to Section 3(1) of the Sexual Offences Act. 2. He appealed and the High Court in HCR 48/2017 reduced the sentence to 10 years imprisonment on 7/9/2019, applying the principles laid down in Francis Muruatetu & another v R, [2017] e KLR and Jared Koita Injiri v R [2019] eKLR. He now seeks for further reduction of that sentence to non-custodial sentence. 3. This court has exhausted its jurisdiction in the matter. I find the application devoid of merit, the same is hereby declined and dismissed. 4. File closed. 5. Orders accordingly. DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021 R.E. ABURILI JUDGE
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.