[2024] KEHC 11831 (KLR)
The court found that the application for sentence reduction was devoid of merit because the applicant had already benefited from a resentencing on appeal, reducing his sentence from life imprisonment to 35 years. The court emphasized that the Supreme Court's decision in Muruatetu does not apply to mandatory...
Source-derived case information.
- Citation
- [2024] KEHC 11831 (KLR)
- Parties
- Applicant: Julius Ochieng Ligawa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 129 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Sentence Review, Sexual Offences Act, Application of Muruatetu, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Ochieng Ligawa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence for the offence of defilement under the Sexual Offences Act.
- 2 Whether the Francis Muruatetu decision applies to mandatory sentences under the Sexual Offences Act.
- 3 Whether the application for sentence review constitutes an abuse of court process.
Ratio Decidendi
The court found that the application for sentence reduction was devoid of merit because the applicant had already benefited from a resentencing on appeal, reducing his sentence from life imprisonment to 35 years. The court emphasized that the Supreme Court's decision in Muruatetu does not apply to mandatory sentences under the Sexual Offences Act, and therefore, the applicant could not rely on it for further reduction. The court also held that the application amounted to an abuse of court process, as there was no legal basis for further review of the sentence. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 21/7/2023 and filed on 4/8/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ligawa v Republic (Miscellaneous Criminal Application 129 of 2023) [2024] KEHC 11831 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11831 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 129 of 2023
RE Aburili, J
September 27, 2024
Between
Julius Ochieng Ligawa
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and Sentence in Siaya High Court vide Criminal Appeal No. E019 of 2022 delivered by Hon. Justice R. E. Aburili, J on 22/2/2023)
Ruling
1. The Applicant Julius Ochieng Ligawa was convicted vide Bondo PM Sexual Offence Case No. 10 of 2020 and sentenced to serve life imprisonment for the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act.
2. He appealed vide Siaya HC CRA E019/2022 which appeal was heard and determined vide judgment rendered on 22/2/2023 wherein the court resentenced him to serve 35 years imprisonment, to be calculated from the date of arrest and spent in custody before he was sentenced pursuant to Section 333 (2) of the Criminal Procedure Code.
3. He now applies vide his application dated 21/7/2023 for sentence reduction because he has reformed and has a family, that the sentence imposed was excessive and too harsh.
4. I have considered the application as filed on 4/8/2023 and find it an abuse of court process. The convict is lucky to have escaped life imprisonment before the Supreme Court pronounced itself on the lawfulness of mandatory sentence imposed under the Sexual Offences Act as the Francis Muruatetu & Another -vs- R [2017] eKLR, case is inapplicable to the Sexual Offences cases.
5. Accordingly, I find the application filed on 4/8/2023 and dated 21/7/2023 to be devoid of merit.
6. It is hereby dismissed.
7. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE