John Munyole Avaye v Republic

Avaye v Republic (Miscellaneous Criminal Application E038 of 2024) [2024] KEHC 8043 (KLR) (28 June 2024) (Ruling) Neutral citation: [2024] KEHC 8043 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E038 OF 2024 RE ABURILI, J JUNE 28, 2024 BETWEEN JOHN MUNYOLE AVAYE ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 954 of 2015 at Winam) RULING 1. The Applicant John Munyole Avaye is a convict in Winam SPM Sexual Ofiences Case No. 954 of 2015 wherein he was sentenced to serve 20 years’ imprisonment for the ofience of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. 2. He appealed vide HCCRA No. 20 of 2018 which was dismissed on both conviction and sentence. He does not indicate whether he appealed to the Court of Appeal. 3. He has also not annexed any record of proceedings leading to his conviction and sentencing or judgment on appeal. He annexed only annexed certificates of what he has learnt while in prison. 4. I find no material upon which to exercise discretion and review the sentence which was upheld by the Court on Appeal. 5. More so, the convict could have been sentenced to life imprisonment had the trial court not exercised discretion and imposed a 20 years prison term. 6. The application dated 13th February 2024 is hereby found to be devoid of any merit and dismissed. 7. Signal to issue. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8043/eng@2024-06-28 1

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