[2024] KEHC 4725 (KLR)
The court found that the applicant's age had already been considered in the previous sentence reduction from 20 years to 10 years imprisonment. On the ground of ill health, the applicant failed to provide any evidence to substantiate his claim of hypertension or other health issues. In the absence of such evidence,...
Source-derived case information.
- Citation
- [2024] KEHC 4725 (KLR)
- Parties
- Applicant: Michael Kira Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 83 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence and Conviction
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Defilement Offence, Health Grounds for Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kira Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence and Conviction
Legal Issues
- 1 Whether the applicant's age and health status warrant a further revision of sentence for the offence of defilement.
- 2 Whether sufficient evidence of ill health has been provided to justify sentence review.
Ratio Decidendi
The court found that the applicant's age had already been considered in the previous sentence reduction from 20 years to 10 years imprisonment. On the ground of ill health, the applicant failed to provide any evidence to substantiate his claim of hypertension or other health issues. In the absence of such evidence, and given the serious nature of the offence of defilement, the court held that there was no basis to further revise the sentence. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- File ordered closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application 83 of 2023) [2024] KEHC 4725 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4725 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 83 of 2023
DO Ogembo, J
May 7, 2024
Between
Michael Kira Odhiambo
Applicant
and
Republic
Respondent
(Being an Application for review of sentence and Conviction from conviction of Siaya High Court vide Criminal Appeal No. 9 of 2019 delivered by Hon. Justice R. E. Aburili, J on 25/2/2020)
Ruling
1. The Applicant, Michael Kira Odhiambo, has filed herein a Notice of Motion Application. In its body, the application seeks that the court considers the Applicant’s health status. The Applicant has gone on to depone in the Affidavit in support of the Application that he was initially sentenced to serve 20 years imprisonment for the offence of defilement contrary to Section 8 (1) (3) of the Sexual Offences Act, No. 3 of 2006. And that on appeal, the sentence was reduced to 10 years imprisonment. The Applicant pleads that he is 85 years old and suffers from hypertension.
2. The prosecution did not make any substantive response to the application of the Applicant.
3. I have considered the application of the Applicant. This application is basically for revision of the sentence. The history of this matter is that the Applicant was initially sentenced to serve 20 years imprisonment, a sentence which on appeal, was revised and reduced to 10 years imprisonment. This was on 25/2/2020.
4. In revising the sentence of the Applicant from the mandatory sentence of 20 years imprisonment as imposed by the trial court to 10 years imprisonment, the High Court considered the circumstances of the Applicant, including his age.
5. This current application is based on 2 grounds. First, on the issue of age, this as I have observed above, was dealt with and formed the opinion of the court in revising the sentence imposed by the trial court. On the 2nd ground of ill health, the applicant has not exhibited any evidence to support this claim. In the absence of any tangible evidence, there is no basis on which this court can act in view of the serious nature of the offence the Applicant was convicted for.
6. I accordingly do not find any merit in this application of the Applicant. I dismiss the same.
DATED, SIGNED AND DELIVERED THIS 7TH DAY OF MAY, 2024. Read out in Open Court in the presence of the Applicant and Ms. Mumu for State.File ordered closed.D. O. OGEMBOJUDGE7/5/2024