[2023] KEHC 3160 (KLR)
The court found that the applicant failed to provide sufficient grounds or evidence to justify a reduction of sentence. There was no lower court record detailing the circumstances of the offence or medical reports substantiating the applicant's health claims. The court, therefore, declined to reduce the sentence....
Source-derived case information.
- Citation
- [2023] KEHC 3160 (KLR)
- Parties
- Applicant: GOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E120 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed with partial order
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Defilement Offence, Sexual Offences Act, Rehabilitation of Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GOO
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence based on rehabilitation and health grounds.
- 2 Whether the period spent in custody pending trial should be considered in the sentence.
Ratio Decidendi
The court found that the applicant failed to provide sufficient grounds or evidence to justify a reduction of sentence. There was no lower court record detailing the circumstances of the offence or medical reports substantiating the applicant's health claims. The court, therefore, declined to reduce the sentence. However, the court ordered that any period the applicant spent in custody pending trial and sentencing, if verified from the lower court proceedings, should be considered in the computation of the sentence to be served.
Court Disposition
application dismissed with partial order
Orders
- The application for sentence reduction is dismissed.
- Any period spent in custody pending trial and sentencing, if verified from the lower court proceedings, shall be considered in the sentence to be served.
Full Case Text
Judgment text and source record
23 paragraphs
GOO v Republic (Miscellaneous Criminal Application E120 of 2022) [2023] KEHC 3160 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3160 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E120 of 2022
RE Aburili, J
April 12, 2023
Between
GOO
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is GOO. He prays for sentence reduction because he is now rehabilitated, is remorseful and repentant. That the sentence imposed on him in Winam Senior Resident Magistrate Criminal Case No 1056 of 2013 is excessive as he is the sole breadwinner for his family, he suffers from acute ulcers, HIV & AIDS which is drug resistant, severe aldersy, was arrested in 2013.
2. He appealed vide HCCRA No 54 of 2018 which was dismissed. That he has never been subjected to prison indiscipline case.
3. The Warrant of committal dated March 28, 2018 shows that he was convicted and sentenced to serve fifteen (15) years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
4. From the recommendation letter dated June 5, 2020 from Officer In-charge Kibos Maximum Prison, he is well behaved and of exemplary character and trained in life’s skills – Bible courses. He has attached testimonials.
5. I have considered the application for sentence reduction. I am not persuaded that there is ground for granting such drastic orders. There is no proceedings from the lower court on the circumstances under which the offence was committed against the minor and no medical report on the health situation of the Applicant/Convict is annexed to substantiate his claims.
6. I decline the application for sentence review and dismiss it. However, I order that in the event that the Convict herein was in custody pending trial and sentencing, then such period that he may have been in custody, subject to the prison verifying from the lower court proceedings, shall be considered in the sentence to be served.
7. File closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF APRIL, 2023R. E. ABURILIJUDGE