[2022] KECA 1259 (KLR)
The Court of Appeal found that, given the appellant's age at the time of the offence (around 18 years), his guilty plea, and the fact that he had already served over 11 years in custody for an offence with a statutory minimum sentence of 10 years, the 20-year sentence was excessive. The court determined that the...
Source-derived case information.
- Citation
- [2022] KECA 1259 (KLR)
- Parties
- Appellant: Josephat Okumu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 134 of 2017
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed on sentence
- Judges
- PO Kiage, F Tuiyott, JM Ngugi
- Legal Topics
- Sentencing Principles, Sexual Offences, Indecent Act With Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josephat Okumu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed on the appellant for committing an indecent act with a child was excessive in the circumstances.
- 2 Whether the appellant's age at the time of the offence warranted a reduction of sentence.
Ratio Decidendi
The Court of Appeal found that, given the appellant's age at the time of the offence (around 18 years), his guilty plea, and the fact that he had already served over 11 years in custody for an offence with a statutory minimum sentence of 10 years, the 20-year sentence was excessive. The court determined that the interests of justice would be served by reducing the sentence to the period already served, thereby allowing the appellant to be released immediately unless otherwise lawfully held. The court reserved detailed reasons for a later date.
Court Disposition
appeal allowed on sentence
Orders
- The appeal on sentence is allowed.
- The sentence is reduced to the term already served.
Full Case Text
Judgment text and source record
21 paragraphs
Okumu v Republic (Criminal Appeal 134 of 2017) [2022] KECA 1259 (KLR) (8 November 2022) (Order)
Neutral citation: [2022] KECA 1259 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Appeal 134 of 2017
PO Kiage, F Tuiyott & JM Ngugi, JJA
November 8, 2022
Between
Josephat Okumu
Appellant
and
Republic
Respondent
(Appeal from the Judgment of the High Court of Kenya at Kisii (R.N. Sitati, J) Dated 21st May, 2012 in HCCRA No. 92 of 2011)
Order
1. The appellant, who is in person, has been in custody for over 11 years, serving a 20-year sentence imposed on him for the offence of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No 3 of 2006.
2. It is not in dispute that he pleaded guilty to the offence. It is also not in dispute that at the time of the offence, he was around 18 years old. The offence attracted a minimum sentence of 10 years, but as we have stated, he got 20 years’ imprisonment.
3. Having heard him in person and having heard the state through the learned prosecuting counsel Mr Okango, it is clear beyond peradventure that this is a deserving case that the appeal ought to be allowed on sentence which is all that is brought before us.
4. In the circumstances, we allow the appeal on sentence and order that the sentence be reduced to the term already served.
5. The appellant shall accordingly be set at liberty forthwith unless otherwise lawfully held. The court shall give detailed reasons for this judgement on March 17, 2023 there being no earlier date available to the court.Order accordingly.
MADE AT KISII THIS 8TH DAY OF NOVEMBER, 2022. P O KIAGE............................JUDGE OF APPEALF TUIYOTT............................JUDGE OF APPEALJOEL NGUGI...........................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR