[2020] KEHC 7145 (KLR)
The court found that the offence of rape is a serious and heinous crime, and there were no extreme mitigating circumstances presented by the applicant that would justify revising the sentence. The proceedings in the lower court were regular, and the sentence imposed was lawful. The court emphasized that revision is...
Source-derived case information.
- Citation
- [2020] KEHC 7145 (KLR)
- Parties
- Applicant: Oduma Obata; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 8 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Legal Topics
- Sentence Revision, Rape Offence, Mitigating Circumstances, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oduma Obata
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed for the offence of rape should be revised by the High Court.
- 2 Whether there exist extreme mitigating circumstances warranting sentence revision.
Ratio Decidendi
The court found that the offence of rape is a serious and heinous crime, and there were no extreme mitigating circumstances presented by the applicant that would justify revising the sentence. The proceedings in the lower court were regular, and the sentence imposed was lawful. The court emphasized that revision is not a substitute for appeal, and since no illegality or irregularity was demonstrated, the application for sentence revision was declined and dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 8 OF 2020
(CORAM: R. E. ABURILI - J.)
ODUMA OBATA..............................................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo
Criminal Case No. 8 of 2020 dated 4. 9.2018 before Hon. M. Obiero, Principal Magistrate)
RULING
1. ODUMA OBATA was convicted and sentenced to serve 10 years imprisonment for the offence of rape. He now seeks for sentence revision. There are no extreme mitigating circumstances that would persuade this court to revise sentence in such a heinous crime. This is a serious offence that does not call for sentence revision.
2. Proceedings were regular and sentence meted out was lawful. If the convict had any issues with the conviction and or sentence he should have appealed.
3. I decline and dismiss the application for sentence revision.
4. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI,
JUDGE