[2025] KEHC 3699 (KLR)
The court found that the applicant, having been convicted of defilement of a seven-year-old child and sentenced to thirty years imprisonment, committed a crime of a very serious nature. The trauma caused to the complainant and the unfavourable probation report weighed heavily against the applicant. In light of these...
Source-derived case information.
- Citation
- [2025] KEHC 3699 (KLR)
- Parties
- Applicant: Lameck Mogoya Momanyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E125 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application for sentence review dismissed; applicant to serve full 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
Lameck Mogoya Momanyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is eligible for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the circumstances of the offence and the applicant's conduct justify a reduction of sentence.
Ratio Decidendi
The court found that the applicant, having been convicted of defilement of a seven-year-old child and sentenced to thirty years imprisonment, committed a crime of a very serious nature. The trauma caused to the complainant and the unfavourable probation report weighed heavily against the applicant. In light of these factors, the court held that the applicant was not suitable for early release or sentence review under the prison decongestion initiative. The application for sentence review was therefore denied, and the applicant was ordered to serve the remainder of his sentence to completion.
Court Disposition
application for sentence review dismissed; applicant to serve full sentence
Orders
- The applicant is not eligible for early release.
- The applicant is ordered to serve the remainder of his sentence to completion.
Full Case Text
Judgment text and source record
19 paragraphs
Momanyi v Republic (Criminal Revision E125 of 2024) [2025] KEHC 3699 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3699 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E125 of 2024
DR Kavedza, J
March 26, 2025
Between
Lameck Mogoya Momanyi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Lameck Mogoya Momanyi 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 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 to thirty (30) years imprisonment.
3. Rom the record in the trial court file, it is clear that the complainant was only seven years old at the time the offense occurred. The applicant's heinous actions caused significant trauma to the complainant’s health, further emphasizing the severity of the offence. After reviewing the circumstances surrounding the applicant's conviction, it is evident that the crime committed is of a very serious nature. Additionally, the probation report regarding the applicant is not favourable, further supporting the decision.
4. I hereby find that the applicant is not eligible for early release. The applicant is ordered to serve the remainder of his sentence to completion.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025D. KAVEDZAJUDGE