[2023] KEHC 25075 (KLR)
The court found that the applicant, despite his advanced age of 76 years, did not demonstrate any remorse for the offence of rape committed against an 18-year-old mentally challenged girl. The court noted that the applicant had denied the offence throughout the trial and appeal process, and there was no evidence of...
Source-derived case information.
- Citation
- [2023] KEHC 25075 (KLR)
- Parties
- Applicant: COO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E127 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Application for sentence review declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Rape, Sexual Offences, Sentencing, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
COO
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant's advanced age constitutes sufficient grounds for sentence review.
- 2 Whether lack of remorse or mitigating circumstances justifies maintaining the original sentence.
Ratio Decidendi
The court found that the applicant, despite his advanced age of 76 years, did not demonstrate any remorse for the offence of rape committed against an 18-year-old mentally challenged girl. The court noted that the applicant had denied the offence throughout the trial and appeal process, and there was no evidence of mitigating circumstances that would justify a reduction of the sentence. The gravity of the offence and the vulnerability of the victim were considered aggravating factors. Consequently, the court held that the remainder of the sentence, which exceeded three years, should not be reviewed or reduced, and the application for sentence review was declined.
Court Disposition
Application for sentence review declined; file closed.
Orders
- The request for sentence review is declined.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
COO v Republic (Criminal Revision E127 of 2023) [2023] KEHC 25075 (KLR) (8 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25075 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E127 of 2023
RE Aburili, J
November 8, 2023
Between
COO
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E011 of 2020 at Tamu)
Ruling
1. This matter is before me for Sentence Review on account of age of the convict. The convict COO is now age 76 years old. He was convicted and sentenced to serve ten (10) years imprisonment vide Tamu Principal Magistrate Sexual Offences Case No. E011 of 2020 for the offence of rape contrary to Section 3(1) (b) (3) of the Sexual Offences Act. The victim was an 18 years old mentally challenged girl.
2. The convict denied committing the offence and the case went to full trial. There is no evidence of remorse for committing such an offence against a person who is mentally challenged.
3. The convict appealed vide HCCRA No. E001 of 2022 which appeal was heard and dismissed vide Judgment of 5th August 2022 by T. W. Cherere J.
4. I find no mitigating circumstances on the remorse or character of the convict to warrant sentence review which sentence remainder is in excess of 3 years.
5. I therefore decline the request for sentence review and close this file.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE