REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA HC MISC CRIMINAL APPLICATION NO. E 012 OF 2025 KELVIN OCHIENG OWINO…….…………………… APPLICANT VERSUS REPUBLIC…………………..…................. …............RESPONDENT RULING 1) The applicant was convicted for the offence of sexual assault contrary to 5(1)(a)(i) of Sexual Offences Act on 10 th March,2023 by Hon. David O. Odhiambo (SRM) in Shanzu SPM Criminal SO Case No. E145 of 2021 and sentenced to serve 10 years imprisonment from the date he was charged in Court. In the applicant was charged in Court on 15th October, 2021. 2) In the application before Court the applicant prays that this Court orders that he serves the remaining part of his sentence under probation. In his supporting affidavit the applicant states that has obtained a Diploma in Theology and he is a member of the Scouting Movement. The applicant, further, avers he is very remorseful for the offence he committed and that he is well rehabilitated and ready to be integrated into the society. MOMBASA HC MISC. CRIMINAL APPLICATION NO. E012 OF 2025 (Kelvin Ochieng Owino Vs. Republic) 1
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3) Much as this Court commends the applicant for his achievement in prison which serving and apparent rehabilitation, the Court wishes to point out that sexual offences attract mandatory minimum sentences. The court is, therefore, unable to convert remaining part of the sentence meted for against the applicant to probation. The upshot of my finding is that the applicant’s application is misconceived and the same is dismissed. Dated, signed and delivered online vide MS teams this 18th June 2026. HON. P.K. ROTICH JUDGE In the presence of: Applicant in person Ms,Cherop for DPP CA - Kipchirchir MOMBASA HC MISC. CRIMINAL APPLICATION NO. E012 OF 2025 (Kelvin Ochieng Owino Vs. Republic) 2
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