[2025] KEHC 3709 (KLR)
The court found that, despite the applicant having served a substantial portion of his sentence, the offence of defilement is of such seriousness that it does not warrant a non-custodial sentence. The court applied the guidelines from the Chief Justice Memo on prison decongestion but determined that the applicant's...
Source-derived case information.
- Citation
- [2025] KEHC 3709 (KLR)
- Parties
- Applicant: Macarious Lugose Ligono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 302 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Application for sentence review declined; applicant to continue serving custodial sentence.
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sentence Review, Sexual Offences Act, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Macarious Lugose Ligono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for sentence review and release to a non-custodial sentence under the prison decongestion initiative.
- 2 Whether the seriousness of the offence precludes the applicant from non-custodial consideration.
Ratio Decidendi
The court found that, despite the applicant having served a substantial portion of his sentence, the offence of defilement is of such seriousness that it does not warrant a non-custodial sentence. The court applied the guidelines from the Chief Justice Memo on prison decongestion but determined that the applicant's offence falls outside the scope of cases suitable for non-custodial release. Consequently, the application for sentence review and release to a non-custodial sentence was declined.
Court Disposition
Application for sentence review declined; applicant to continue serving custodial sentence.
Orders
- The applicant is not eligible for a non-custodial sentence and shall continue to serve the custodial sentence imposed.
Full Case Text
Judgment text and source record
19 paragraphs
Ligono v Republic (Criminal Revision 302 of 2024) [2025] KEHC 3709 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3709 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 302 of 2024
DR Kavedza, J
March 26, 2025
Between
Macarious Lugose Ligono
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Macarious Lugose Ligono is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced on 16th January 2014 to serve twenty (20) years imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicant has served 12 years and 8 months of his sentence of twenty years imprisonment.
4. I find that the Applicant is not eligible for a non-custodial sentence due to the seriousness of the offence and decline to release him to a non-custodial sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025D. KAVEDZAJUDGE