Kennedy Otieno Ochieng v Republic

Ochieng v Republic (Miscellaneous Criminal Application E212 of 2024) [2024] KEHC 13862 (KLR) (7 November 2024) (Ruling) Neutral citation: [2024] KEHC 13862 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E212 OF 2024 RE ABURILI, J NOVEMBER 7, 2024 BETWEEN KENNEDY OTIENO OCHIENG ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 24 of 2016) RULING 1. The Applicant Kennedy Otieno Ochieng is a convict in Winam SPM Sexual Offences Case No. 24 of 2016 for the ofience of defilement contrary to Section 8(1) (4) of the Sexual Offences Act. He was sentenced to serve 15 years’ imprisonment. 2. On appeal vide HCCRA No. 62 of 2019, the appeal was dismissed. He now applies for review of sentence to Probation because he has serve 1/3 of the sentence, that he is HIV Positive and diabetic. That he seeks lenience as he has been rehabilitated through courses undertaken while in prison. 3. I have considered the application and the affidavit in support all dated 17th October 2024. 4. I find no merit in the application as this court has no residual jurisdiction to reduce sentence in sexual ofiences where such sentence is lawful and is upheld by the High Court on appeal. 5. I decline to interfere with the sentence imposed. 6. The application dated 17th October 2024 is dismissed. 7. Signal to issue. 8. This file is closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13862/eng@2024-11-07 1

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