Oduor v Republic (Criminal Miscellaneous Application E108 of 2023) [2024] KEHC 14312 (KLR) (8 November 2024) (Ruling) Neutral citation: [2024] KEHC 14312 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL MISCELLANEOUS APPLICATION E108 OF 2023 RE ABURILI, J NOVEMBER 8, 2024 BETWEEN ONYANGO MARK ODUOR .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Onyango Mark Oduor was convicted of gang rape contrary to Section 10 of the Sexual Offences Act. He was sentenced to serve fifteen years imprisonment by Ukwala PM Sexual Ofience No. 393/2023. 2. He appealed vide Siaya HCRA 61/2011 which appeal was dismissed. He appealed to the Court of Appeal vide Kisumu Court of Appeal CRA 79/2017 which appeal was allowed on sentence to the extent that the 15 years imprisonment would be computed to begin from date of sentencing in the lower court vide this application dated 28/11/2023, the Applicant. I find no merit. It is hereby dismissed. 3. This file is closed. DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF NOVEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14312/eng@2024-11-08 1
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