Odera v Republic (Miscellaneous Criminal Application E131 of 2024) [2024] KEHC 10227 (KLR) (19 August 2024) (Ruling) Neutral citation: [2024] KEHC 10227 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E131 OF 2024 RE ABURILI, J AUGUST 19, 2024 BETWEEN NICKSON OCHORO ODERA .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Kisumu CM SO Case No. E004 of 2023) RULING 1. The applicant claims in his application dated 5/7/2024 that he was convicted of the ofience of defilement under Section 8(3) Sexual Offences Act and was sentenced to serve 5 years in prison. He claims that he was in custody for 4 months and two weeks which were never considered in sentencing. 2. There is no evidence on record to support the allegations. 3. I find the application is not supported by any material. It is hereby dismissed. 4. Signal to issue. 5. This file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10227/eng@2024-08-19 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.