[2024] KEHC 11596 (KLR)
The court found no justification to interfere with the sentence of 25 years imprisonment imposed on the applicant for the offence of defilement. The sentence was considered lenient in light of the mandatory life imprisonment provided under Section 8(2) of the Sexual Offences Act. The applicant's claim of reformation...
Source-derived case information.
- Citation
- [2024] KEHC 11596 (KLR)
- Parties
- Applicant: Lukio Opiyo Abonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E179 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal Dismissed
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Review, Sexual Offences Act, Mandatory Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lukio Opiyo Abonyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal Dismissed
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence for the offence of defilement under Section 8(2) of the Sexual Offences Act.
- 2 Whether the sentence imposed was manifestly excessive or warranted interference by the High Court.
Ratio Decidendi
The court found no justification to interfere with the sentence of 25 years imprisonment imposed on the applicant for the offence of defilement. The sentence was considered lenient in light of the mandatory life imprisonment provided under Section 8(2) of the Sexual Offences Act. The applicant's claim of reformation did not constitute sufficient grounds for sentence review, especially where the law prescribes a higher minimum sentence. The application for sentence review was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application dated 19th August 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Abonyo v Republic (Miscellaneous Criminal Application E179 of 2024) [2024] KEHC 11596 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11596 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E179 of 2024
RE Aburili, J
September 26, 2024
Between
Lukio Opiyo Abonyo
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E025 of 2020))
Ruling
1. The Applicant Lukio Opiyo Abonyo is a convict in Winam SPM Sexual Offences Case No. E025 of 2020 with the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act and sentenced to serve 25 years imprisonment on 17th June 2022.
2. He appealed vide HCCRA No. E026 of 2022 which appeal was dismissed. He never appealed to the Court of Appeal.
3. He has applied for sentence review to be given a less severe sentence because he has reformed. The application is dated 19th August 2024 supported by an affidavit.
4. I have considered the application and supporting affidavit. I find no reason to interfere with the lenient sentence imposed, noting that the Mandatory sentence under Section 8(2) of the Sexual Offences Act is life imprisonment.
5. The application dated 19th August 2024 is dismissed and this file is closed.
Dated, Signed and Delivered at Kisumu this 26thDay of September, 2024R. E. ABURILIJUDGEPage 2 of 2