[2023] KEHC 23941 (KLR)
The court found that the applicant was not sentenced to a mandatory minimum sentence of thirty years imprisonment as claimed. Instead, Section 8(2) of the Sexual Offences Act prescribes life imprisonment as the mandatory sentence for the offence of defilement. The trial court exercised discretion by reducing the...
Source-derived case information.
- Citation
- [2023] KEHC 23941 (KLR)
- Parties
- Applicant: Isaac Owino Abwogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E042 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Sexual Offences, Mandatory Sentences, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Owino Abwogo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the thirty-year prison sentence imposed on the applicant was unconstitutional as a mandatory minimum sentence under the Sexual Offences Act.
- 2 Whether the trial court had discretion to reduce the statutory penalty of life imprisonment to a term of thirty years.
Ratio Decidendi
The court found that the applicant was not sentenced to a mandatory minimum sentence of thirty years imprisonment as claimed. Instead, Section 8(2) of the Sexual Offences Act prescribes life imprisonment as the mandatory sentence for the offence of defilement. The trial court exercised discretion by reducing the sentence from life imprisonment to thirty years. Therefore, the applicant's assertion that he was subjected to an unconstitutional mandatory minimum sentence was without merit. The application for reduction of sentence was dismissed as the sentence imposed was lawful and, in fact, lenient compared to the statutory requirement.
Court Disposition
application dismissed
Orders
- The application dated 23rd June 2023 by Isaac Owino Abwogo is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Abwogo v Republic (Miscellaneous Criminal Application E042 of 2023) [2023] KEHC 23941 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23941 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E042 of 2023
RE Aburili, J
October 6, 2023
Between
Isaac Owino Abwogo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant by his application dated 23rd June 2023 and filed in this court on 22nd August 2023 during the recess seeks for reduction of the 30 year prison term imposed on him by Winam Senior Principal Magistrate in Sexual Offences Case No. 005 of 2023.
2. He claims that he was charged, tried and convicted of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act and sentenced to a Mandatory Minimum sentence of thirty (30) years imprisonment which he considers to be unconstitutional.
3. However, under Section 8(2) of the Sexual Offences Act which is the penalty section, the Mandatory Sentence provided for is life imprisonment.
4. As the trial court exercised discretion and reduced the sentence from life imprisonment to thirty (30) years imprisonment, I find no merit in this application and assertion that the Applicant was sentenced to serve a Mandatory Minimum Sentence.
5. I find the application dated 23rd June 2023 by Isaac Owino Abwogo to be without merit and the same is hereby dismissed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023. R. E. ABURILIJUDGE