[2024] KEHC 15358 (KLR)
The court found that the trial court had called for and considered a pre-sentencing report before imposing sentence. The sentence of 10 years imprisonment for rape under the Sexual Offences Act was both legal and lenient in the circumstances. There was no good cause or reason presented to justify revision of the...
Source-derived case information.
- Citation
- [2024] KEHC 15358 (KLR)
- Parties
- Applicant: Robinson Onchiri Ondeyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 291 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for sentence review declined
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Rape Offence, Sexual Offences Act, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Onchiri Ondeyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence imposed by the trial court was legal and appropriate.
Ratio Decidendi
The court found that the trial court had called for and considered a pre-sentencing report before imposing sentence. The sentence of 10 years imprisonment for rape under the Sexual Offences Act was both legal and lenient in the circumstances. There was no good cause or reason presented to justify revision of the sentence. The applicant is therefore directed to serve the remainder of his sentence, and the application for sentence review is declined.
Court Disposition
application for sentence review declined
Orders
- The applicant is directed to serve the remainder of his sentence.
- No revision of sentence is granted.
Full Case Text
Judgment text and source record
20 paragraphs
Ondeyo v Republic (Criminal Revision 291 of 2024) [2024] KEHC 15358 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15358 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 291 of 2024
DR Kavedza, J
December 4, 2024
Between
Robinson Onchiri Ondeyo
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Robinson Onchiri Ondeyo is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of rape contrary to section 3(1)(a)(b) as read with section 3(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to 10 years imprisonment.
3. The applicant has a balance of 6 years on his sentence.
4. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. The sentence imposed was also legal and lenient in the circumstances.
5. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The applicant is directed to serve the remainder of his sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DECEMBER 2024. ......................D. KAVEDZAJUDGE