[2024] KEHC 13432 (KLR)
The court found that the applicant, having been convicted of defilement in multiple cases and having remained an inmate since 2012, is a repeat sexual offender who poses a risk to society. The court determined that the sentence imposed was already lenient in the circumstances and that there was no sufficient basis...
Source-derived case information.
- Citation
- [2024] KEHC 13432 (KLR)
- Parties
- Applicant: Charles Owino Olongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E010 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Review, Sexual Offences Act, Repeat Offender, Rehabilitation, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Owino Olongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence on account of remorse, rehabilitation, and being a breadwinner.
- 2 Whether the sentence imposed was excessive or should be reviewed in light of the applicant's circumstances.
Ratio Decidendi
The court found that the applicant, having been convicted of defilement in multiple cases and having remained an inmate since 2012, is a repeat sexual offender who poses a risk to society. The court determined that the sentence imposed was already lenient in the circumstances and that there was no sufficient basis to review or reduce the sentence further. The applicant's claims of remorse and rehabilitation were not persuasive in light of his criminal history and the need to protect the public from sexual predators. Accordingly, the application for sentence review was dismissed as lacking merit.
Court Disposition
application dismissed
Orders
- The application dated 26/1/2024 for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Olongo v Republic (Criminal Miscellaneous Application E010 of 2024) [2024] KEHC 13432 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13432 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E010 of 2024
RE Aburili, J
October 22, 2024
Between
Charles Owino Olongo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Charles Owino Olongu was convicted of the offence of defilement contrary to Section 8 (1) and (3) of the Sexual Offences Act. He was sentenced to serve 10 year’s imprisonment.
2. He appealed vide Siaya HCCRA E010/2023 and in the judgment rendered on 18/4/2024, the court dismissed the appeal. It also ordered that since the appellant was on bond with a surety during trial, he shall serve sentence from 18/8/2022 the date of sentence as ordered by the trial court.
3. Unknown to my brother Judge Ogembo, (RIP), this was the second time the applicant herein was appealing because here was another defilement case vide Bondo SPM SO Case No. 503/2012.
4. Wherein he was convicted of the offence of defilement and sentenced to serve 20 years imprisonment. He appealed vide Kisumu HCCRA 98/2012.
5. He then applied vide Siaya HC Misc. Cr. E010/2023 for consideration of the three months he spent in custody during trial and the court vide ruling of 9/12/2023 allowed the application.
6. Now, the applicant/convict vide his application dated 26/1/2024 seeks for sentence reduction because he is remorseful and rehabilitated and is a bread winner for his family. I have considered his application from the brief history gathered in the court files, the convict/applicant herein is a Sexual parent and predator. There is no reason for this court to attempt reviewing the sentence imposed which is lenient. From 2012, he has remained an inmate in different cases.
7. Meaning, he cannot be trusted to live in society where, given every opportunity, he preys on young girls.
8. I find the application dated 26/1/2024 for sentence review devoid of any merit. It is hereby dismissed.
9. This file is closed.
10. I so order.
RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE