[2024] KEHC 8041 (KLR)
The court found no justification to interfere with the sentence of life imprisonment imposed on the applicant for defilement of a child under 11 years, as prescribed by Section 8(1) as read with Section 8(2) of the Sexual Offences Act. The applicant's age and plea for leniency did not outweigh the gravity of the...
Source-derived case information.
- Citation
- [2024] KEHC 8041 (KLR)
- Parties
- Applicant: Jason Opati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E004 of 2024
- Procedural Posture
- Criminal Petition / Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Review, Sexual Offences Act, 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 Petition / Sentence Review
Legal Issues
- 1 Whether the sentence of life imprisonment for defilement should be reviewed to a less severe sentence.
- 2 Whether there exist sufficient grounds to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found no justification to interfere with the sentence of life imprisonment imposed on the applicant for defilement of a child under 11 years, as prescribed by Section 8(1) as read with Section 8(2) of the Sexual Offences Act. The applicant's age and plea for leniency did not outweigh the gravity of the offence or the statutory requirements. The previous appeal against conviction and sentence had already been dismissed, and no new or exceptional circumstances were presented to warrant a review. The application for sentence review was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- Signal to issue. File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Opati v Republic (Criminal Petition E004 of 2024) [2024] KEHC 8041 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8041 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E004 of 2024
RE Aburili, J
June 28, 2024
Between
Jason Opati
Petitioner
and
Republic
Respondent
(From original conviction and sentence in Maseno Senior Principal Magistrate Criminal Case No. 849 of 2017)
Ruling
1. The Applicant/Petitioner Jason Opati is a convict in Maseno SPM Sexual Offences Case No. 849 OF 2017.
2. He was sentenced to serve life imprisonment for the offence of defilement for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
3. He prays for a less severe sentence. However, from his own pleadings, he appealed vide HCCRA No. 73 of 2018 at Kisumu High Court which appeal was dismissed.
4. There are no court proceedings or record of appeal annexed. Nonetheless, I find no reasons why a 71-year-old man can pounce on a child less than 11 years and defile her. He should have respected his age, that of a great grandfather to the child victim.
5. I decline to interfere with the sentence imposed. The application for sentence review is dismissed.
6. Signal to issue. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE, 2024R. E. ABURILIJUDGE