[2021] KEHC 7958 (KLR)
The court found that there was no legal justification for the reduction of the applicant's sentence, as the sentence was lawfully imposed by the trial court under Section 8(3) of the Sexual Offences Act. The application was not an appeal and was unsupported by any sworn affidavit or substantive legal grounds. The...
Source-derived case information.
- Citation
- [2021] KEHC 7958 (KLR)
- Parties
- Applicant: David Ooko Madoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E060 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Defilement Offence, Sexual Offences Act, Abuse of Court Process
- 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 / Sentence Review
Legal Issues
- 1 Whether there is legal justification for reduction of the applicant's sentence of 10 years imprisonment for defilement.
- 2 Whether the application for sentence review is properly before the court.
Ratio Decidendi
The court found that there was no legal justification for the reduction of the applicant's sentence, as the sentence was lawfully imposed by the trial court under Section 8(3) of the Sexual Offences Act. The application was not an appeal and was unsupported by any sworn affidavit or substantive legal grounds. The court held that the application was an abuse of court process and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for sentence reduction 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
MISC. CRIMINAL APPLICATION NO. E060 OF 2021
CORAM: R.E. ABURILI, J
DAVID OOKO MADOO.........................................................APPLICANT
VERSUS
REPUBLIC...........................................................................RESPONDENT
(Being an Application seeking Sentence review in Criminal Case No. 51 of 2019 at Siaya PM’s Court)
RULING
1. I have considered the application for reduction of sentence of 10 years imprisonment for the offence of defilement contrary to Section 8(3) of the Sexual Offences Act.
2. There is absolutely no urgency in this matter. I decline to certify it as urgent.
3. I further find that there is no legal justification for reduction of lawful sentence as imposed b the trial court, this not being an appeal.
4. The Application is not even supported by any sworn affidavit, it is an abuse of court process. It is hereby dismissed.
5. File closed.
Dated, signed and delivered at Siaya, this 6th Day of April 2021
R.E. ABURILI
JUDGE