Rodgers Makutsa v Republic

Makutsa v Republic (Miscellaneous Criminal Application E065 of 2024) [2024] KEHC 5018 (KLR) (9 May 2024) (Ruling) Neutral citation: [2024] KEHC 5018 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E065 OF 2024 RE ABURILI, J MAY 9, 2024 BETWEEN RODGERS MAKUTSA ............................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. 267 of 2012 at Maseno) RULING 1. The Applicant is Rodgers Makutsa. He applies vide the Notice of Motion dated 6th May 2024 for sentence reduction. 2. He annexes warrant of committal to prison in Maseno SPM Criminal Case No. 267 of 2012 where he was sentenced to serve two (2) years imprisonment on 16th May 2012 for the ofience of malicious damage to property by J. O. Ongondo, SRM. 3. He does not annex any court proceedings or judgment for this court to appreciate the circumstances that led to his conviction and sentence. 4. There is no indication whether he appealed and if not, why, or the outcome of the appeal. 5. I find no basis upon which to interfere with the sentence as there in his affidavit and grounds he says he was serving 20 years’ imprisonment for the ofience of gang rape vide Sexual Ofiences No 1018 of 2010, which is inconsistent with his pleading that he was convicted of malicious damage to property. 6. I find the application is not merited. It is dismissed. 7. Signal to issue. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5018/eng@2024-05-09 1

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