[2022] KEHC 13892 (KLR)
The court found that the applicant had already appealed his conviction and sentence, and the appeal was dismissed. The court had considered all relevant circumstances, including the time spent in custody, as required by section 333(2) of the Criminal Procedure Code. The applicant did not present any new or...
Source-derived case information.
- Citation
- [2022] KEHC 13892 (KLR)
- Parties
- Applicant: Benjamin Anganga Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E016 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Application After Conviction and Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Resentencing, Sexual Offences Act, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Anganga Okumu
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Application After Conviction and Appeal
Legal Issues
- 1 Whether the applicant is entitled to resentencing after conviction and dismissal of appeal for defilement.
- 2 Whether the court considered all relevant factors, including time spent in custody, as required by law.
Ratio Decidendi
The court found that the applicant had already appealed his conviction and sentence, and the appeal was dismissed. The court had considered all relevant circumstances, including the time spent in custody, as required by section 333(2) of the Criminal Procedure Code. The applicant did not present any new or compelling grounds to warrant resentencing. The court also noted the applicant's lack of remorse as reflected in the presentence report. Accordingly, there was no merit in the application for resentencing, and the sentence imposed by the trial court was upheld.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Okumu v Republic (Criminal Petition E016 of 2022) [2022] KEHC 13892 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13892 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E016 of 2022
RE Aburili, J
October 12, 2022
Between
Benjamin Anganga Okumu
Applicant
and
Republic
Respondent
(Being a Petition seeking resentence from conviction and sentence in the Principal Magistrate’s court at Bondo in Sexual Offence Case No.70 of 2020 by Hon. S.W. Mathenge, Resident Magistrate on 30. 11. 2021 and in Siaya HC Criminal Appeal No. E028/2021)
Ruling
1. The applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. He was sentenced to serve 20 years imprisonment. He appealed to this court vide HCRA E028/2021 and his appeal was dismissed vide judgment rendered on May 3, 2022. He has not appealed. He had the opportunity to challenge the decision of this court.
2. This court considered the time spent in custody during trial, in the appeal, as required under section 333(2) of theCriminal Procedure Code.
3. I find no grounds to persuade this court to resentence him as I took into account all circumstances of the case and the decision by Odunga J in Machakos HC Const. Petition E017/2022 in upholding the sentence imposed by the trial court, considering that he was not remorseful from the presentence report claiming that he was fixed because he had not paid dowry. The convict deserved the punishment meted out.
4. I find the application devoid of any merit.
5. I dismiss it.File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE