[2022] KEHC 14178 (KLR)
The court found that the sentence of 15 years imprisonment imposed on the applicant for the offence of defilement was lawful but below the minimum mandatory sentence of 20 years as stipulated under section 8(3) of the Sexual Offences Act. The court further held that the application for leave to appeal was not...
Source-derived case information.
- Citation
- [2022] KEHC 14178 (KLR)
- Parties
- Applicant: William Omondi Oginjo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E137 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Application for Leave to Appeal Against Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Sentencing, Leave to Appeal, Minimum Mandatory Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Omondi Oginjo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the applicant should be granted leave to appeal against the sentence imposed for defilement.
- 2 Whether the sentence imposed was lawful and in accordance with the minimum mandatory sentence under the Sexual Offences Act.
Ratio Decidendi
The court found that the sentence of 15 years imprisonment imposed on the applicant for the offence of defilement was lawful but below the minimum mandatory sentence of 20 years as stipulated under section 8(3) of the Sexual Offences Act. The court further held that the application for leave to appeal was not merited due to the inordinate and unexplained delay in filing the application and because the intended appeal against sentence was considered sham, given that the sentence was already below the statutory minimum. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal against sentence is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Oginjo v Republic (Miscellaneous Criminal Application E137 of 2022) [2022] KEHC 14178 (KLR) (21 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14178 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E137 of 2022
RE Aburili, J
October 21, 2022
Between
William Omondi Oginjo
Applicant
and
Republic
Respondent
(Being an Application for leave of court to appeal against sentence in PM’s Bondo Sexual Offence No. E066/2021delivered by Hon. J.P. Nandi, Principal Magistrate on 8/2/2022)
Ruling
1. In the application filed on October 17, 2022 by the applicant/convict herein William Omondi Onginjo, he seeks leave of court to appeal against sentence of 15 years imprisonment imposed on him on February 8, 2022 by the Hon JP Nandi, Principal Magistrate in Bondo PM Sexual Offence case No E066/2021.
2. The applicant was charged with the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act.
3. Under section 8(3) of the Sexual Offences Act, upon conviction, the offender is liable to imprisonment of a term not less than 20 years. In the instant case, the convict was given 15 years imprisonment. That being the case, I find that besides the inordinate unexplained delay in filing the appeal and this application for leave to file an appeal out of time, the intended appeal against sentence is sham as the sentence imposed is lawful and way below the Minimum mandatory sentence stipulate din section 8(3) of the Sexual Offences Act. I find this application not merited. It is hereby dismissed.
4. File is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF OCTOBER, 2022R.E. ABURILIJUDGE