Case ID:203735

Apondi v Republic (Miscellaneous Criminal Application E116 of 2022) [2022] KEHC 13154 (KLR) (23 September 2022) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E116 of 2022

Parties:

Apondi v Republic

Date Delivered:

23 Sep 2022

Case Class:

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Apondi v Republic (Miscellaneous Criminal Application E116 of 2022) [2022] KEHC 13154 (KLR) (23 September 2022) (Ruling)

Court Division:

Criminal

County:

Siaya

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Apondi v Republic (Miscellaneous Criminal Application E116 of 2022) [2022] KEHC 13154 (KLR) (23 September 2022) (Ruling)

Neutral citation:

[2022] KEHC 13154 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E116 of 2022

RE Aburili, J

September 23, 2022

Between

Julias Oduor Apondi

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in Ukwala SRM’s court Sexual Offence Case No. 20 of 2018 delivered on 13/8/2018 by Hon. G.A. Adhiambo, Senior Resident Magistrate AND Siaya High Court Criminal Appeal No. 40/2018)

Ruling

1.

The applicant Julias Oduor Apondi was convicted for the offence of defilement contrary to Section 8(1) and as read with section 8(2) of the

Sexual Offences Act

by Hon G Adhiambo SRM, Ukwala, on August 13, 2018 vide Ukwala

SRM SO

20/2018.

2.

He was sentenced to life in prison. He appealed to this court

vide

HCRA

40/2018 and

vide

judgment delivered on January 22, 2020, I upheld the conviction but resentenced him to serve 75 years in prison.

3.

He now claims that he was sentenced to serve mandatory minimum sentence which is unconstitutional.This cannot be true as this court already resentenced him to serve 75 years imprisonment from life imprisonment imposed on him by the trial court. That being the case, I find this application mischievous and devoid of merit.

4.

I dismiss the application for resentence.

5.

File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 23

RD

DAY OF SEPTEMBER, 2022

R.E. ABURILI

JUDGE