[2024] KEHC 11608 (KLR)
The court found that the sentence imposed on the applicant for the offence of defilement was lawful under the Sexual Offences Act. The applicant's arguments regarding the unconstitutionality of the minimum mandatory sentence had already been addressed and dismissed in previous proceedings, and there was no new legal...
Source-derived case information.
- Citation
- [2024] KEHC 11608 (KLR)
- Parties
- Applicant: Duncan Odongo Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E162 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Resentencing Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Minimum Mandatory Sentence, Constitutionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Odongo Owino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Resentencing Application
Legal Issues
- 1 Whether the minimum mandatory sentence imposed for defilement under the Sexual Offences Act is unconstitutional.
- 2 Whether the applicant is entitled to resentencing based on alleged reformation.
Ratio Decidendi
The court found that the sentence imposed on the applicant for the offence of defilement was lawful under the Sexual Offences Act. The applicant's arguments regarding the unconstitutionality of the minimum mandatory sentence had already been addressed and dismissed in previous proceedings, and there was no new legal basis to revisit the sentence. The court held that the application for resentencing lacked merit as the law had not changed and the sentence remained valid. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 19th July 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Owino v Republic (Miscellaneous Criminal Application E162 of 2024) [2024] KEHC 11608 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11608 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E162 of 2024
RE Aburili, J
September 26, 2024
Between
Duncan Odongo Owino
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E03 of 2018)
Ruling
1. The Applicant Duncan Odongo Owino was convicted vide Winam SPM Sexual Offences Case No. 3 of 2018 with the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act and sentenced to twenty (20) years imprisonment.
2. He appealed vide HCCRA No. 21 of 2019 and later petitioned vide Petition No. E038 of 2023 for resentencing.The appeal and Petition were dismissed. Again, he has applied for resentencing vide his application dated 19th July 2024 claiming that minimum Mandatory sentence imposed was unconstitutional and that he has reformed.
3. I have considered the application dated 19th July 2024 and annexed affidavit and documents. I find no merit in the application as the sentence imposed was lawful.
4. The application dated 19th July 2024 is dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE