[2021] KEHC 1840 (KLR)
The High Court held that it lacks jurisdiction to reduce a sentence that was lawfully imposed by the trial court where the proceedings were regular and proper, particularly in a serious offence such as defilement. The applicant's claim of reformation and learning from past mistakes does not constitute a legal basis...
Source-derived case information.
- Citation
- [2021] KEHC 1840 (KLR)
- Parties
- Applicant: David Ooko Madoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E108 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Reduction, Sexual Offences Act, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ooko Madoo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to reduce a sentence lawfully imposed for the offence of defilement.
- 2 Whether the applicant has established sufficient grounds for sentence reduction.
Ratio Decidendi
The High Court held that it lacks jurisdiction to reduce a sentence that was lawfully imposed by the trial court where the proceedings were regular and proper, particularly in a serious offence such as defilement. The applicant's claim of reformation and learning from past mistakes does not constitute a legal basis for sentence reduction in the absence of any irregularity or illegality in the original proceedings or sentence. Consequently, the application was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence reduction is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E108 OF 2021
CORAM: R.E. ABURILI, J
DAVID OOKO MADOO............................................................................................APPLICANT
VERSUS
REPUBLIC.............................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the
Principal Magistrate’s court at Siaya in Criminal Case No. 51 of 2019)
RULING
1. The applicant David Ooko Madoo was convicted of the offence of defilement contrary to Section 8(1)(3) of the Sexual Offences Act and sentenced to serve 10 years imprisonment on 6/2/2020. He now applies for sentence reduction stating that he is reformed and has learnt from his past mistakes.
2. I have considered the application and grounds. I find no merit in the application as this Court is not vested with jurisdiction to merely reduce sentence which is lawfully imposed and where proceedings are regular and proper in such a serious offence.
3. I find no merit in the application. I decline it and dismiss it.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE