Oganga v Republic (Miscellaneous Criminal Application E088 of 2023) [2024] KEHC 506 (KLR) (26 January 2024) (Ruling) Neutral citation: [2024] KEHC 506 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E088 OF 2023 RE ABURILI, J JANUARY 26, 2024 BETWEEN VITALIS MIGOT OGANGA ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Arising from the original conviction and sentence in Senior Principal Magistrate Criminal Sexual Offences Case No. E017 of 2021 at Winam) RULING 1. The Applicant Vitalis Migot Oganga is a convict in Winam SPM Sexual Ofiences Case No. E017 of 2021 for the ofience of defilement. 2. He claims that in sentencing him, the trial court did not consider her 2 years and 9 months he spent in custody. 3. However, no court proceedings and judgment are annexed to inform this court on whether the allegations are true. 4. I decline the application and dismiss it for want of supporting material. 5. The applicant can file a fresh application with supporting evidence. 6. Signal to issue to Kibos Medium Prison. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/506/eng@2024-01-26 1
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.