[2024] KEHC 15726 (KLR)
The court found that the applicant, having been convicted of the serious offence of defilement and having served only eleven years and six months of a twenty-year sentence, was not eligible for early release or sentence revision. The seriousness of the offence outweighed considerations for sentence review under the...
Source-derived case information.
- Citation
- [2024] KEHC 15726 (KLR)
- Parties
- Applicant: Erick Ochieng Opar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E1889 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Defilement Offence, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ochieng Opar
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the seriousness of the offence precludes early release.
Ratio Decidendi
The court found that the applicant, having been convicted of the serious offence of defilement and having served only eleven years and six months of a twenty-year sentence, was not eligible for early release or sentence revision. The seriousness of the offence outweighed considerations for sentence review under the Chief Justice Memo on prison decongestion. Consequently, the application for sentence review was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for lack of merit.
Full Case Text
Judgment text and source record
22 paragraphs
Opar v Republic (Criminal Revision E1889 of 2024) [2024] KEHC 15726 (KLR) (13 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15726 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E1889 of 2024
DR Kavedza, J
December 13, 2024
Between
Erick Ochieng Opar
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the Erick Ochieng Opar is suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted on 11th December 2014 for the offence of defilement contrary to section 8 (1) as read with 8(4) of the Sexual Offences Act No.3 of 2006. He was sentenced to twenty (20) years imprisonment.
3. Applicant has only served eleven years six months of his sentence of twenty (20) years imprisonment.
4. In my view I find no good cause or reason to revise the sentence imposed.
5. The offence committed is serious, therefore the appellant is not eligible for early release.
6. The application dismissed for lacking in merit.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 13THDAY OF DECEMBER 2024________________D. KAVEDZAJUDGE