1. The Applicant is Joseph Wambia Maero. He was convicted and sentenced to serve 30 years imprisonment vide Siaya SPM SO 590/2013 for the offence of defilement contrary to Section 8(1) as read with Section 8 (3) of the Sexual Offences Act.
2. He appealed vide Kisumu HCRA 86/2014 as there was no High Court in Siaya.
3. From the trial court record availed, the convict initially pleaded not guilty to the charge but after 4 key witnesses had testified, he requested to change plea to that of guilty and that was done.
4. He was convicted and sentenced on 5/3/2014. On appeal he challenged the plea of guilty and asked for a retrial sentence reduction vide judgment dated 12/5/2016, the appeal against conviction was dismissed. The 30 years imprisonment was set aside and substituted with 20 years imprisonment to run from 5/3/2014.
5. In his application dated/filed on 30/7/2024, he prays that the period spent in custody be taken into account.
6. The High Court on appeal in HCRA 46/2015 having set the date when the sentence ought to start running, I have no jurisdiction to set aside that order.
7. The application is dismissed.
8. This file is closed.
9. I so order.
2. He appealed vide Kisumu HCRA 86/2014 as there was no High Court in Siaya.
3. From the trial court record availed, the convict initially pleaded not guilty to the charge but after 4 key witnesses had testified, he requested to change plea to that of guilty and that was done.
4. He was convicted and sentenced on 5/3/2014. On appeal he challenged the plea of guilty and asked for a retrial sentence reduction vide judgment dated 12/5/2016, the appeal against conviction was dismissed. The 30 years imprisonment was set aside and substituted with 20 years imprisonment to run from 5/3/2014.
5. In his application dated/filed on 30/7/2024, he prays that the period spent in custody be taken into account.
6. The High Court on appeal in HCRA 46/2015 having set the date when the sentence ought to start running, I have no jurisdiction to set aside that order.
7. The application is dismissed.
8. This file is closed.
9. I so order.