[2024] KEHC 16003 (KLR)
The court found that, despite the general policy of prison decongestion as set out in the Chief Justice Memo, the seriousness of the applicant's offence—possession of sexual assault under section 5(1)(a)(i) of the Sexual Offences Act—precludes him from being considered for early release or a non-custodial sentence....
Source-derived case information.
- Citation
- [2024] KEHC 16003 (KLR)
- Parties
- Applicant: Moses Oroo Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 214 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Application for sentence review dismissed. Applicant to serve sentence to completion.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Sexual Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Oroo Odongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is suitable for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the seriousness of the offence precludes the applicant from non-custodial sentence or early release.
Ratio Decidendi
The court found that, despite the general policy of prison decongestion as set out in the Chief Justice Memo, the seriousness of the applicant's offence—possession of sexual assault under section 5(1)(a)(i) of the Sexual Offences Act—precludes him from being considered for early release or a non-custodial sentence. The court emphasized that the gravity of the offence outweighs the policy considerations for decongestion, and therefore, the applicant must serve the remainder of his custodial sentence to completion.
Court Disposition
Application for sentence review dismissed. Applicant to serve sentence to completion.
Orders
- The applicant is to serve his sentence to completion.
Full Case Text
Judgment text and source record
20 paragraphs
Odongo v Republic (Criminal Revision 214 of 2024) [2024] KEHC 16003 (KLR) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16003 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 214 of 2024
DR Kavedza, J
December 20, 2024
Between
Moses Oroo Odongo
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Moses Oroo Odongo 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 possession of sexual assault contrary to section 5(1)(a)(i) of the Sexual Offences Act No. 3 of 2006. He was sentenced to ten (10) years imprisonment.
3. The applicant has a balance of 6 years on his sentence.
4. Having gone through the circumstances precluding the applicant’s conviction, it is evident that the offence is so serious, thus, the applicant is not suitable for early release or a non-custodial sentence.
5. The applicant is to serve his sentence to completion.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 20THDAY OF DECEMBER 2024________________D. KAVEDZAJUDGE