[2023] KEHC 24324 (KLR)
The court found that, despite the applicant's advanced age, the offence of defilement of an 11-year-old minor is heinous and attracts a mandatory life sentence under the Sexual Offences Act. No mitigating circumstances were present to justify a reduction or review of the sentence. The application for revision was...
Source-derived case information.
- Citation
- [2023] KEHC 24324 (KLR)
- Parties
- Applicant: Pius Mukusa Opakwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E125 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence declined; original sentence of life imprisonment upheld.
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Review, Sexual Offences, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Mukusa Opakwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence of life imprisonment for defilement should be reviewed in light of his advanced age.
- 2 Whether there exist any mitigating circumstances to warrant a revision of sentence for the offence of defilement of a minor.
Ratio Decidendi
The court found that, despite the applicant's advanced age, the offence of defilement of an 11-year-old minor is heinous and attracts a mandatory life sentence under the Sexual Offences Act. No mitigating circumstances were present to justify a reduction or review of the sentence. The application for revision was therefore declined, and the original sentence was upheld.
Court Disposition
Application for revision of sentence declined; original sentence of life imprisonment upheld.
Orders
- The application for revision of sentence is declined.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Opakwa v Republic (Criminal Revision E125 of 2023) [2023] KEHC 24324 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24324 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E125 of 2023
RE Aburili, J
October 27, 2023
Between
Pius Mukusa Opakwa
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No. 148 of 2017 at Kisumu)
Ruling
1. The Applicant is a 73 year old convict vide Kisumu CM Sexual Offences Case No. 148 of 2017. He was sentenced to life imprisonment on the defilement charge where the minor was aged 11 years.
2. He appealed vide Kisumu HCCRA No. 40 of 2017 and his appeal against conviction and sentence were dismissed after a full hearing on 22nd March 2018.
3. Albeit the Applicant is of advanced age, the offence of defilement of a minor child is heinous.
4. I find no mitigating circumstances upon which I can review the sentence.
5. I decline to review the sentence and close the file.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE