Khamisi v Republic (Criminal Miscellaneous Application E022 of 2024) [2024] KEHC 13433 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 13433 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL MISCELLANEOUS APPLICATION E022 OF 2024 RE ABURILI, J OCTOBER 22, 2024 BETWEEN OSCAR NDETA KHAMISI ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant Oscar Ndeta Khamisi is a convict in Bondo SPM’s SO E012/2020 which he was sentenced to serve 15 years imprisonment for the offence of defilement contrary to Section 8 (1) as read with Section 8 (4) of the Sexual Offences Act. 2. He has filed two applications in two different files, HC Misc Cr. App E022/2024 and E033/2024 seeking the same orders namely, that he be given reprieve of mandatory sentence. I have considered the application in this matter and in Misc. Cr. App. E033/2024. Both applications are an abuse of court process. The sentence imposed was lawful. I find no reason to interfere. 3. The application dated 5/1/2024 is dismissed. In the same vein, this order shall apply to Misc. Cr. App. E033/2024 which is equally dismissed. 4. This file is closed. RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13433/eng@2024-10-22 1
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