Oloo v Republic (Miscellaneous Criminal Application E127 of 2022)  KEHC 13725 (KLR) (12 October 2022) (Ruling)
Neutral citation:  KEHC 13725 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E127 of 2022
RE Aburili, J
October 12, 2022
Ezekiel Onyango Oloo
(Being an Application seeking resentence from conviction and sentence in Principal Magistrate’s court at Siaya in Sexual Offence No. 15/2019 delivered on 25/10/2019 by Hon. J.O. Ongondo, Principal Magistrate and in Siaya HCRA No. 82/2019)
1.The application was convicted of the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act in Siaya PM SO 15/2019 and sentenced to serve life imprisonment. He appealed to this court vide HCRA 82/2019 and vide judgment rendered on 29/9/2020 two years ago, his appeal against convicted was dismissed. The life imprisonment was set aside and substituted with 35 years’ imprisonment to be calculated from the date of his sentencing in the lower court.
2.I applied the principles set out in Francis Muruatetu & Another Vs Republic [2017)eKLR as applied in Jared Koita Injiri Vs Republic (2019) eKLR in sentencing the convict.
3.He now claims that the mandatory sentence imposed on him is unconstitutional. He is lying to this court which exercised discretion and resentenced him to a lenient sentence considering the seriousness of the offence.
4.I find the application filed on 4/10/2022 for resentencing to be mischievous, frivolous and vexatious. It is hereby dismissed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE