Jared Omondi Adiyo v Republic

Adiyo v Republic (Miscellaneous Criminal Application 119 of 2023) [2024] KEHC 14353 (KLR) (8 November 2024) (Ruling) Neutral citation: [2024] KEHC 14353 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION 119 OF 2023 RE ABURILI, J NOVEMBER 8, 2024 BETWEEN JARED OMONDI ADIYO ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Jared Omondi Adiyo was convicted vide Bondo PM SO Case No. 1092/2016 of the ofience of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. He was sentenced to serve life imprisonment on 18/7/2017. He appealed vide Siaya HCCRA 64/2017 which appeal was heard on merit and dismissed on 2/12/2019 but on sentence, the court substituted life imprisonment with seventy-five (75) years to be calculated from the date of conviction in the lower court. 2. The child defiled was aged one (1) year and 4 months only. 3. The convict is back to court seeking for sentence review. I have considered the application and the grounds in support. This court already exercised discretion on appeal and substituted life imprisonment with seventy-five (75) years imprisonment, considering the age of the defiled child was 1 year and 4 months, there is no residual discretion left to this court to exercise. 4. The application filed on 3/8/2023 and dated 13/7/2023 is hereby found to be devoid of merit and basis. It is dismissed. 5. Signal to issue. File closed. I so order. DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH NOVEMBER, 2024 R. E. ABURILI https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14353/eng@2024-11-08 1

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