[2018] KEHC 1897 (KLR)
The court found that the sentence of 10 years imprisonment for defilement was both lawful and lenient given the gravity of the offence. The applicant's medical condition and aspirations for university education did not constitute sufficient grounds for revising the sentence. The court emphasized the lasting trauma...
Source-derived case information.
- Citation
- [2018] KEHC 1897 (KLR)
- Parties
- Applicant: Luka Omondi Omule; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 128 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Review, Sexual Offences Act, Medical Grounds for Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luka Omondi Omule
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the applicant's sentence for defilement should be revised on medical or compassionate grounds.
- 2 Whether the sentence imposed was lawful and proportionate.
Ratio Decidendi
The court found that the sentence of 10 years imprisonment for defilement was both lawful and lenient given the gravity of the offence. The applicant's medical condition and aspirations for university education did not constitute sufficient grounds for revising the sentence. The court emphasized the lasting trauma suffered by victims of defilement and held that neither apology nor monetary compensation could repair the harm caused. Accordingly, the application for revision was dismissed and the applicant was ordered to serve the full sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The applicant shall serve his full deserved prison sentence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 128 OF 2018
(CORAM: R. E. ABURILI - J.)
LUKA OMONDI OMULE.......................................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
JUDGMENT
The Convict Luka Omondi Omolewas convicted and sentenced by Bondo PM’s court for the offence of Defilement contrary to Section 8(1)(4) of the Sexual Offences Act No. 3 of 2006. This was in 2014 but his documents on record do not show the date.
He was sentenced to serve 10 years imprisonment. He never appealed but on 3/5/2018 he applied for revision of sentence on medical grounds claiming that he is sick and twice operated on at Jaramogi Oginga Odinga Referral Hospital.
He claims that he has stomach and other related diseases and that his dreams of going to University should not be thwarted.
The offence of defilement defaces and dehumanizes the victim who lives with permanent trauma. Ten years imprisonment is lawful and lenient.
I decline the request for review of sentence and order that the convict shall serve his full deserved prison sentence. The pain caused to the victim of defilement can never be repaired of any amount of apology o monetary compensation.
The application for revision is dismissed.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE