Gen’g v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 3103 (KLR) (28 March 2023) (Ruling) Neutral citation: [2023] KEHC 3103 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E010 OF 2023 RE ABURILI, J MARCH 28, 2023 BETWEEN JOSEPH AGWENGE GEN’G ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Joseph Agwenge Gen’g is a convict vide Nyando Principal Magistrates Court Sexual Ofience Case No. 991 of 2010 wherein he was sentenced to serve twenty (20) years imprisonment for the ofience of defilement contrary to section 8 (1) (2) of the Sexual Offences Act. 2. He now claims that because he has served 2/3 of sentence, this court should release him because he has reformed. 3. No testimonials were filed from prison. Only prison authorities grant remission not this court. 4. I find the application misconceived and not well thought out. It is hereby dismissed. 5. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2023 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3103/eng@2023-03-28 1
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