Charles Omondi Oloo v Republic

Oloo v Republic (Miscellaneous Criminal Application E098 of 2023) [2024] KEHC 11778 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11778 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E098 OF 2023 RE ABURILI, J SEPTEMBER 27, 2024 BETWEEN CHARLES OMONDI OLOO .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for Review from Conviction and Sentence in Bondo Senior Principal Magistrate’s Court, Criminal Case No. 855 of 2016 delivered by Hon. E.N. Wesike, (RM) dated 12/10/2018) RULING 1. The Applicant Charles Omondi Oloo is a convict under Section 8(2) of the Sexual Offences Act vide Bondo SPM SO Case No 855 of 2018. He was sentenced to serve 30 years imprisonment on 12/10/2018. 2. He appealed vide Siaya HCCRA 57/2018 and judgment delivered on 6/10/2023 seeking that Section 333 (2) of the CPC was not applied, taking into account the period he spent in custody. 3. That application was dismissed on 25/7/2023 on account that the convict was released on bond 6 days after taking plea. 4. The convict is back again with a bang. In his application dated 13/9/2023, he seeks orders that since he is profusely a first offender, is remorseful, rehabilitated and socially readapted, this court should review, reduce his sentence. 5. I have considered the application and the submissions for and against. I find no merit in the prayers sought. The application dated 13/9/2023 is hereby dismissed and this file is hereby closed. 6. I so order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11778/eng@2024-09-27 1

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