[2024] KEHC 14353 (KLR)
The High Court found that it had already exercised its discretion on appeal by substituting the applicant's life imprisonment sentence with a seventy-five year term, taking into account the extreme youth of the victim (1 year and 4 months old). As such, there was no further residual discretion left for the court to...
Source-derived case information.
- Citation
- [2024] KEHC 14353 (KLR)
- Parties
- Applicant: Jared Omondi Adiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 119 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Review, Sexual Offences Act, Child Victims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Omondi Adiyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal
Legal Issues
- 1 Whether the High Court has residual discretion to further review the applicant's sentence after it was already substituted on appeal.
- 2 Whether the application for sentence review has merit in light of the circumstances and prior appellate decision.
Ratio Decidendi
The High Court found that it had already exercised its discretion on appeal by substituting the applicant's life imprisonment sentence with a seventy-five year term, taking into account the extreme youth of the victim (1 year and 4 months old). As such, there was no further residual discretion left for the court to exercise in reviewing the sentence. The application for sentence review was therefore devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- Signal to issue. File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Adiyo v Republic (Miscellaneous Criminal Application 119 of 2023) [2024] KEHC 14353 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14353 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 119 of 2023
RE Aburili, J
November 8, 2024
Between
Jared Omondi Adiyo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Jared Omondi Adiyo was convicted vide Bondo PM SO Case No. 1092/2016 of the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. He was sentenced to serve life imprisonment on 18/7/2017. He appealed vide Siaya HCCRA 64/2017 which appeal was heard on merit and dismissed on 2/12/2019 but on sentence, the court substituted life imprisonment with seventy-five (75) years to be calculated from the date of conviction in the lower court.
2. The child defiled was aged one (1) year and 4 months only.
3. The convict is back to court seeking for sentence review. I have considered the application and the grounds in support. This court already exercised discretion on appeal and substituted life imprisonment with seventy-five (75) years imprisonment, considering the age of the defiled child was 1 year and 4 months, there is no residual discretion left to this court to exercise.
4. The application filed on 3/8/2023 and dated 13/7/2023 is hereby found to be devoid of merit and basis. It is dismissed.
5. Signal to issue. File closed.
I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THNOVEMBER, 2024R. E. ABURILIJUDGE