[2024] KEHC 7366 (KLR)
The court found that the sentence of life imprisonment imposed on the applicant for defilement was lawful and in accordance with Section 8(2) of the Sexual Offences Act. The applicant failed to demonstrate any illegality, incorrectness, or impropriety in the sentence or proceedings. The absence of an affidavit or...
Source-derived case information.
- Citation
- [2024] KEHC 7366 (KLR)
- Parties
- Applicant: Justus Okore Odwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Revision, Sexual Offences Act, Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Okore Odwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence of life imprisonment imposed on the applicant for defilement was illegal or excessive.
- 2 Whether the applicant is entitled to a review of sentence under the revisionary jurisdiction of the High Court.
Ratio Decidendi
The court found that the sentence of life imprisonment imposed on the applicant for defilement was lawful and in accordance with Section 8(2) of the Sexual Offences Act. The applicant failed to demonstrate any illegality, incorrectness, or impropriety in the sentence or proceedings. The absence of an affidavit or supporting court proceedings further weakened the application. The court therefore dismissed the application for revision, holding that there was no basis to interfere with the sentence imposed by the trial court and affirmed by the appellate court.
Court Disposition
application dismissed
Orders
- The application dated 3rd April 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odwa v Republic (Criminal Revision E092 of 2024) [2024] KEHC 7366 (KLR) (12 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7366 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E092 of 2024
RE Aburili, J
June 12, 2024
Between
Justus Okore Odwa
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Sexual Offences Case No. 74 of 2008 arising from Kisumu High Court Criminal Appeal No. 54 of 2009)
Ruling
1. The Applicant Justus Okore Odwa is a convict in Kisumu Chief Magistrate Sexual Offences Case No. 74 of 2008. He was sentenced to serve life imprisonment for the offence of defilement contrary to Section 891) as read with Section 8(2) of the Sexual Offences Act.
2. From his Notice of Motion which is not supported by any affidavit or court proceedings, he claims that he appealed to this court vide HCCRA No. 54 of 2009 which appeal was dismissed in its entirety and that he never filed any appeal to the Court of Appeal.
3. He now seeks sentence review by way of revision because he has a right to a less severe sentence and have his sentence reviewed.
4. I have considered the application and I am unable to find any illegality in the sentence imposed as it was in accordance with the law under Section 8(2) of the Sexual Offences Act.
5. I find no substance in the application for revision of sentence. The application dated 3rd April 2024 is dismissed. This file is closed.
6. Applicant to be notified at Naivasha Maximum Prison.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF JUNE, 2024R. E. ABURILIJUDGE