[2020] KEHC 3279 (KLR)
The court found that the sentence of 20 years imprisonment for the offence of defilement, as imposed by the Bondo Principal Magistrate's Court, was lawful and appropriate under the Sexual Offences Act. The applicant's claim of remorsefulness and the period already served did not constitute sufficient grounds for the...
Source-derived case information.
- Citation
- [2020] KEHC 3279 (KLR)
- Parties
- Applicant: Daniel Odhiambo Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 57 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Defilement Offence, Sexual Offences Act, Community Service Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Odhiambo Odongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence from imprisonment to community service.
- 2 Whether the original sentence imposed was lawful and should be interfered with.
Ratio Decidendi
The court found that the sentence of 20 years imprisonment for the offence of defilement, as imposed by the Bondo Principal Magistrate's Court, was lawful and appropriate under the Sexual Offences Act. The applicant's claim of remorsefulness and the period already served did not constitute sufficient grounds for the court to interfere with or reduce the sentence to community service. The application was therefore found to be without merit and dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for sentence reduction to community service is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. 57 OF 2020
DANIEL ODHIAMBO ODONGO ..……………………………. APPLICANT
VERSUS
REPUBLIC ……………………………..………………………. RESPONDENT
(Being an application seeking sentence Review against sentence in Bondo PM’s Court Sexual Offence Case No. 336 of 2009)
RULING
1. I have considered the application by the convict DANIEL ODHIAMBO ODONGO for sentence reduction to community service following his conviction for the offence of defilement.
2. The applicant is serving 20 years prison term following his conviction vide Bondo Principal Magistrate’s Sexual Offences Case No. 336 of 2009, on 22nd September 2011. The applicant/convict has served close to 10 years now and claims to be remorseful. The sentence imposed was lawful. I find no reason to interfere with the same.
3. I hereby find the application devoid of merit. The same is dismissed.
4. File closed.
Orders accordingly.
Dated, Signed and delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE