[2022] KEHC 16733 (KLR)
The court found that the applicant had already served three years of the five-year sentence for defilement, and that the trial court had considered the peculiar circumstances, including the applicant's responsibility for young children and the inconclusive Social Inquiry Report. In the interest of prison...
Source-derived case information.
- Citation
- [2022] KEHC 16733 (KLR)
- Parties
- Applicant: Patrick Otieno Ogello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E059 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- sentence revised; applicant released to serve probation
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Defilement, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Otieno Ogello
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed for defilement should be revised in light of the convict's circumstances and time already served.
- 2 Whether probation is an appropriate alternative to continued imprisonment for the applicant.
Ratio Decidendi
The court found that the applicant had already served three years of the five-year sentence for defilement, and that the trial court had considered the peculiar circumstances, including the applicant's responsibility for young children and the inconclusive Social Inquiry Report. In the interest of prison decongestion and rehabilitation, and noting the absence of an appeal or application for sentence enhancement by the prosecution, the court determined that further incarceration was unnecessary. The sentence was therefore revised to release the applicant from prison to serve 18 months on probation.
Court Disposition
sentence revised; applicant released to serve probation
Orders
- The applicant Patrick Otieno Ogello shall, unless otherwise lawfully held, be released from prison to serve probation for a period of 18 months from the date of release.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ogello v Republic (Criminal Revision E059 of 2022) [2022] KEHC 16733 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16733 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E059 of 2022
RE Aburili, J
December 20, 2022
Between
Patrick Otieno Ogello
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Sexual Offence Case No. 32 of 2019 delivered by Hon. Muthoni Mwangi, Resident Magistrate on 14. 10. 2019)
Ruling
1. On October 14, 2019, the convict Patrick Otieno Ogello was sentenced to serve five (5) years imprisonment for the offence of defilement. The minor victim was 13 years old.
2. There was no appeal and the Prosecution never sought enhancement of sentence. The trial court in sentencing the convict considered peculiar circumstances of the case and the fact of the convict having very young children to care for, following a Social Inquiry Report whose recommendations were inconclusive.
3. The convict has served three of the 5 years already served.
4. In the spirit of prison decongestion, I review the sentence and order that the convict Patrick Otieno Ogello shall, unless otherwise lawfully held, be released from prison to serve probation for a period of 18 months from the date of release.
5. File closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE