Jairo Oluoch Oduor v Republic

Oduor v Republic (Miscellaneous Criminal Application E039 of 2024) [2024] KEHC 11761 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11761 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E039 OF 2024 RE ABURILI, J SEPTEMBER 27, 2024 BETWEEN JAIRO OLUOCH ODUOR ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for review of Conviction and sentence of Ukwala PM’s Court vide S.O No. 371 of 2014 delivered by R M Oanda SRM) RULING 1. The Applicant was convicted and sentenced to serve twenty years imprisonment on 12/2/2016 for the ofience of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act. He appealed vide Siaya HCRA 8/2016 which appeal was heard and dismissed both on conviction and sentence on 6/10/2016. 2. The court now applies that he be placed on probation because he has served 8 years in jail and has been rehabilitated, that he is the sole bread winner in his family and regrets committing the ofience. 3. I have considered the application. This court is functus officio and is devoid of any jurisdiction to exercise further discretion to review the lawful sentence imposed. 4. The application dated 15/5/2024 is found to be devoid of any merit. It is hereby dismissed. 5. This file is closed. I so order. DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11761/eng@2024-09-27 1