[2023] KEHC 24323 (KLR)
The court found that the offence committed by the applicant was so heinous that it did not warrant a review of the life sentence imposed. The applicant's age and the period already served in prison were not considered sufficient grounds to depart from the mandatory sentence prescribed by law for defilement under...
Source-derived case information.
- Citation
- [2023] KEHC 24323 (KLR)
- Parties
- Applicant: Jason Opati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E123 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application for sentence review declined
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Sentence Review, Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jason Opati
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of the life sentence imposed for the offence of defilement.
- 2 Whether the circumstances of the offence or the applicant's age warrant a reduction or alteration of the sentence.
Ratio Decidendi
The court found that the offence committed by the applicant was so heinous that it did not warrant a review of the life sentence imposed. The applicant's age and the period already served in prison were not considered sufficient grounds to depart from the mandatory sentence prescribed by law for defilement under Section 8(2) of the Sexual Offences Act. The court emphasized the gravity of the offence and the legislative intent behind the mandatory life sentence, concluding that there was no legal or factual basis to interfere with the sentence. Accordingly, the application for sentence review was declined and the file closed.
Court Disposition
application for sentence review declined
Orders
- The application for sentence review is declined.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Opati v Republic (Criminal Revision E123 of 2023) [2023] KEHC 24323 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24323 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E123 of 2023
RE Aburili, J
October 27, 2023
Between
Jason Opati
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. 849 of 2014 at Maseno)
Ruling
1. The Applicant for Sentence Review is a convict for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act vide Maseno Senior Principal Magistrate Sexual Offences Case No. 849 of 2014.
2. He was sentenced to serve life imprisonment. His appeal was dismissed by this court on 3rd May 2023 – Criminal Appeal No. 73 of 2018 for having been filed out of time of over one (1) year and five months, without seeking leave of court.
3. The Applicant is 73 years old and seeks for sentence review. He has been in prison since 2018. However, the offence committed by the applicant is so heinous that this court cannot review the sentence imposed.
4. I decline to review the sentence. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE