1. The Applicant was convicted and sentenced to serve twenty years imprisonment on 12/2/2016 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act. He appealed vide Siaya HCRA 8/2016 which appeal was heard and dismissed both on conviction and sentence on 6/10/2016.
2. The court now applies that he be placed on probation because he has served 8 years in jail and has been rehabilitated, that he is the sole bread winner in his family and regrets committing the offence.
3. I have considered the application. This court is functus officio and is devoid of any jurisdiction to exercise further discretion to review the lawful sentence imposed.
4. The application dated 15/5/2024 is found to be devoid of any merit. It is hereby dismissed.
5. This file is closed. I so order.
2. The court now applies that he be placed on probation because he has served 8 years in jail and has been rehabilitated, that he is the sole bread winner in his family and regrets committing the offence.
3. I have considered the application. This court is functus officio and is devoid of any jurisdiction to exercise further discretion to review the lawful sentence imposed.
4. The application dated 15/5/2024 is found to be devoid of any merit. It is hereby dismissed.
5. This file is closed. I so order.