[2024] KEHC 15119 (KLR)
The court found that the applicant had already benefited from the exercise of judicial discretion when his sentence was reduced from the mandatory life imprisonment to 30 years on appeal. The court further noted that, in light of the recent decision in Petition E018/2023, the applicant would not have benefitted from...
Source-derived case information.
- Citation
- [2024] KEHC 15119 (KLR)
- Parties
- Applicant: John Otieno Okuto Alias Mohamed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 37 of 2023
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Sentence Reduction, Sexual Offences Act, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Otieno Okuto Alias Mohamed
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a further reduction of sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the previous reduction of sentence from life imprisonment to 30 years was sufficient and final.
Ratio Decidendi
The court found that the applicant had already benefited from the exercise of judicial discretion when his sentence was reduced from the mandatory life imprisonment to 30 years on appeal. The court further noted that, in light of the recent decision in Petition E018/2023, the applicant would not have benefitted from such a reduction if sentenced today. Therefore, the court held that there was no merit in the application for further reduction of sentence under Section 333(2) of the Criminal Procedure Code, and dismissed the petition accordingly.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Okuto alias Mohamed v Republic (Criminal Petition 37 of 2023) [2024] KEHC 15119 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15119 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition 37 of 2023
RE Aburili, J
November 22, 2024
Between
John Otieno Okuto Alias Mohamed
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner John Otieno Okuto alias Mohamed is a convict vide Bondo PM SO 35/2018, where he was sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8 (2) of the Sexual Offences Act.
2. He appealed vide Siaya HCCRA 32/2018 in which the High Court reduced sentence to 30 years. He now seeks for further reduction of sentence, under Section 333 (2) of the Criminal Procedure Code.
3. I have considered the Petition and the affidavit in support.
4. I find no merit in the application as the convict benefited from the court’s exercise of discretion which reduced sentence from mandatory life imprisonment to 30 years imprisonment and if it was today, by dint of the decision in Petition E018/2023, he would not have benefitted from the sentence reduction. The petition is therefore found to be devoid of merit and is hereby dismissed. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF NOVEMBER, 2024R. E. ABURILIJUDGE