[2023] KEHC 37 (KLR)
The court found that it had already exercised its discretion by reducing the applicant's sentence from the mandatory ten years to eight years imprisonment, taking into account the circumstances of the offence and the period already served. The applicant had not presented any new or compelling reasons to warrant a...
Source-derived case information.
- Citation
- [2023] KEHC 37 (KLR)
- Parties
- Applicant: George Otieno Obol; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Sexual Offences, Indecent Act With Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Otieno Obol
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant should be further revised after a previous reduction from ten to eight years imprisonment.
- 2 Whether the period already served by the applicant justifies further reduction of the sentence.
Ratio Decidendi
The court found that it had already exercised its discretion by reducing the applicant's sentence from the mandatory ten years to eight years imprisonment, taking into account the circumstances of the offence and the period already served. The applicant had not presented any new or compelling reasons to warrant a further revision of the sentence. The interests of justice did not require further reduction, and the sentence as revised was deemed appropriate and lawful. Accordingly, the application for further sentence revision was dismissed.
Court Disposition
application for sentence revision dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
25 paragraphs
Obol v Republic (Criminal Revision E001 of 2023) [2023] KEHC 37 (KLR) (16 January 2023) (Ruling)
Neutral citation: [2023] KEHC 37 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E001 of 2023
RE Aburili, J
January 16, 2023
Between
George Otieno Obol
Applicant
and
Republic
Respondent
(Being an Application for sentence revision arising from conviction and sentence in Bondo PM’s SO No. 37 of 2017 delivered by Hon. M. Obiero, Principal Magistrate on 15. 02. 2018 AND in Siaya HCCRA No. 16 of 2018 by Hon. R.E. Aburili, J)
Ruling
1. The applicant George Otieno Obol was convicted and sentenced to serve the mandatory 10 years imprisonment for the offence of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
2. He was acquitted of the main charge of defilement contrary to Section 8(1) as read with Section (3) of the Sexual Offences Act. He appealed to this court vide HCRA 37/2017 which appeal was heard on merit.
3. The appeal against conviction was dismissed whereas the appeal against sentence was allowed.
4. The court reduced the mandatory 10 year prison term to eight (8) imprisonment to be calculated from 30/8/2017 the date of his arrest.
5. The applicant has filed for revision of that sentence. I have considered the application and the offence committed.
6. This court already reduced the ten year prison term to 8 years imprisonment and although he has served 5 years thereof, I find no reason to revise that sentence further.
7. I decline to revise the sentence and dismiss the application for sentence revision.
8. File closed.
9. I so order.
Dated, signed and Delivered at Siaya this 16thDay of January, 2023R.E. ABURILIJUDGE