1. VINCENT ODIWUOUR ODHIAMBO was charged with the offence of defilement contrary to section 8(1) and (2) of the Sexual Offences Act.
2. He was tried, found guilty and sentenced to life imprisonment by the Nyando Senior Principal Magistrate’s Court on 26/9/2018. He appealed to this Court and by a judgment delivered on 13/4/2021, Ochieng J reduced the sentence to 20 years’ imprisonment.
3. By a Motion on Notice dated 4/8/2023, the applicant approached this Court seeking the re-sentencing. He argued that the sentence of 20 years was excessive. He cited Article 50(2) (p) (q) of the Constitution of Kenya. The State opposed the application,
4. I have considered the application. I have also considered the entire record. I find that since this Court (Ochieng J) has already rendered itself on the sentence of the applicant, the Court is functus officio. It is bereft of any jurisdiction to re-look at that issue.
5. Accordingly, I find the application to be without merit and dismiss the same.
It is so ordered.
2. He was tried, found guilty and sentenced to life imprisonment by the Nyando Senior Principal Magistrate’s Court on 26/9/2018. He appealed to this Court and by a judgment delivered on 13/4/2021, Ochieng J reduced the sentence to 20 years’ imprisonment.
3. By a Motion on Notice dated 4/8/2023, the applicant approached this Court seeking the re-sentencing. He argued that the sentence of 20 years was excessive. He cited Article 50(2) (p) (q) of the Constitution of Kenya. The State opposed the application,
4. I have considered the application. I have also considered the entire record. I find that since this Court (Ochieng J) has already rendered itself on the sentence of the applicant, the Court is functus officio. It is bereft of any jurisdiction to re-look at that issue.
5. Accordingly, I find the application to be without merit and dismiss the same.
It is so ordered.