[2023] KEHC 36 (KLR)
The court found that the applicant, having served only 7 out of 15 years of his sentence for defilement, is not suitable for sentence revision or early release for purposes of prison decongestion. The seriousness of the offence and the significant portion of the sentence remaining were determinative. The application...
Source-derived case information.
- Citation
- [2023] KEHC 36 (KLR)
- Parties
- Applicant: Fredrick Ogor Kasera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E004 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Revision, Sexual Offences Act, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ogor Kasera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is eligible for sentence revision for purposes of prison decongestion at this stage.
- 2 Whether the period already served by the applicant justifies a reduction or revision of the sentence.
Ratio Decidendi
The court found that the applicant, having served only 7 out of 15 years of his sentence for defilement, is not suitable for sentence revision or early release for purposes of prison decongestion. The seriousness of the offence and the significant portion of the sentence remaining were determinative. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kasera v Republic (Criminal Revision E004 of 2023) [2023] KEHC 36 (KLR) (16 January 2023) (Ruling)
Neutral citation: [2023] KEHC 36 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E004 of 2023
RE Aburili, J
January 16, 2023
Between
Fredrick Ogor Kasera
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s SO Criminal Case No. 537 of 2014 delivered by Hon. M. Obiero, Principal Magistrate on 29. 10. 2015)
Ruling
1. The convict Fredrick Ogor Kasera was convicted and sentenced to serve 15 years imprisonment for the offence of defilement contrary to section 8(1) (3) of the Sexual Offences Act. It is not clear whether he appealed or not.
2. He is to complete his sentence on October 28, 2030 from October 29, 2015. He has served only 7 of the 15 years imprisonment.
3. I find the convict Fredrick Ogor Kasera not suitable at this stage for prison decongestion as he still has 8 years to complete the prison term.
4. I dismiss the application.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF JANUARY, 2023R.E. ABURILIJUDGE