Fredrick Odhiambo Dimo v Republic [2020] eKLR

Court
High Court of Kenya at Siaya
Category
Criminal
Judge(s)
R. E. Aburili
Judgment Date
September 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANOUS CRIMINAL APPLICATION NO. 60 OF 2020
FREDRICK ODHIAMBO DIMO.................................................................APPLICANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
(Being an application seeking sentence Review against sentence
in Ukwala PM’s Sexual Offence Case No. 552 of 2015)

RULING
1. The applicant FREDRICK ODHIAMBO DIMO seeks to quash the 15 year prison term for the offence of gang defilement as convicted and sentenced vide Ukwala Senior Resident Magistrate’s Court Sexual Offence Case No. 55 of 2015. He seeks for a lesser sentence.
The application is by way of Miscellaneous Application. However, this Court is devoid of jurisdiction to entertain sentence reduction where there is no constitutional Petition filed. The sentence imposed is lawful.
2. I find the application incompetent. The same is hereby dismissed.
3. File closed.
Orders accordingly.

Dated, Signed and Delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE

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