[2024] KEHC 11778 (KLR)
The court found that the applicant had previously sought review of his sentence on the basis of time spent in custody, which was dismissed as he had been released on bond shortly after plea. In the present application, the applicant relied on his status as a first offender, remorse, rehabilitation, and social...
Source-derived case information.
- Citation
- [2024] KEHC 11778 (KLR)
- Parties
- Applicant: Charles Omondi Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E098 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Sexual Offences, Custodial Sentence, First Offender, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Omondi Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review or reduction of sentence as a first offender who claims remorse and rehabilitation.
- 2 Whether the court should exercise its discretion to reduce the sentence imposed under Section 8(2) of the Sexual Offences Act.
Ratio Decidendi
The court found that the applicant had previously sought review of his sentence on the basis of time spent in custody, which was dismissed as he had been released on bond shortly after plea. In the present application, the applicant relied on his status as a first offender, remorse, rehabilitation, and social readaptation. The court held that these factors, in the absence of any new or compelling circumstances, do not warrant interference with the sentence lawfully imposed under Section 8(2) of the Sexual Offences Act. The application was therefore found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 13/9/2023 is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
22 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E098 of 2023) [2024] KEHC 11778 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11778 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E098 of 2023
RE Aburili, J
September 27, 2024
Between
Charles Omondi Oloo
Applicant
and
Republic
Respondent
(Being an Application for Review from Conviction and Sentence in Bondo Senior Principal Magistrate’s Court, Criminal Case No. 855 of 2016 delivered by Hon. E.N. Wesike, (RM) dated 12/10/2018)
Ruling
1. The Applicant Charles Omondi Oloo is a convict under Section 8(2) of the Sexual Offences Act vide Bondo SPM SO Case No. 855 of 2018. He was sentenced to serve 30 years imprisonment on 12/10/2018.
2. He appealed vide Siaya HCCRA 57/2018 and judgment delivered on 6/10/2023 seeking that Section 333 (2) of the CPC was not applied, taking into account the period he spent in custody.
3. That application was dismissed on 25/7/2023 on account that the convict was released on bond 6 days after taking plea.
4. The convict is back again with a bang. In his application dated 13/9/2023, he seeks orders that since he is profusely a first offender, is remorseful, rehabilitated and socially readapted, this court should review, reduce his sentence.
5. I have considered the application and the submissions for and against. I find no merit in the prayers sought. The application dated 13/9/2023 is hereby dismissed and this file is hereby closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE