1. The Applicant is Alphonce Onyango Muhoya. He was convicted of the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act and sentenced to serve life imprisonment on 28/3/2013 vide Siaya SPM (Sexual Offence) Case No. 829/2011.
2. From the court records available, and which courts were retrieved from the archives at Kisumu, the complainant was aged 11 years when he was sodomized.
3. He now applies that this court takes into account the period of one year and five months that he served in remand custody upon arrest on 13/10/2011 to 29/3/2013 when he was sentenced.
4. From the trial court record retrieved, the applicant convict herein was sentenced to serve life imprisonment. He deposes that the life imprisonment was reduced to 20 years imprisonment vide Kisumu HCCRA 39/2013.
5. That aside, the mandatory sentence is life imprisonment. As the convict only benefited from sentence reduction on appeal, he had the opportunity to urge the court on appeal to consider the period spent in custody.
6. I decline to interfere with the already reduced sentence which the convict was lucky to have benefited from the discretion of the court on appeal.
7. I find this application not merited. It is dismissed.
8. This file is closed. I so order.
2. From the court records available, and which courts were retrieved from the archives at Kisumu, the complainant was aged 11 years when he was sodomized.
3. He now applies that this court takes into account the period of one year and five months that he served in remand custody upon arrest on 13/10/2011 to 29/3/2013 when he was sentenced.
4. From the trial court record retrieved, the applicant convict herein was sentenced to serve life imprisonment. He deposes that the life imprisonment was reduced to 20 years imprisonment vide Kisumu HCCRA 39/2013.
5. That aside, the mandatory sentence is life imprisonment. As the convict only benefited from sentence reduction on appeal, he had the opportunity to urge the court on appeal to consider the period spent in custody.
6. I decline to interfere with the already reduced sentence which the convict was lucky to have benefited from the discretion of the court on appeal.
7. I find this application not merited. It is dismissed.
8. This file is closed. I so order.