[2023] KEHC 24110 (KLR)
The applicant failed to demonstrate any error, irregularity, or impropriety in the sentence imposed by the trial court. The sentence of 20 years imprisonment for the offence of defilement under Section 8(3) of the Sexual Offences Act was proper and legal, as it is the minimum sentence prescribed by law. The...
Source-derived case information.
- Citation
- [2023] KEHC 24110 (KLR)
- Parties
- Applicant: Richard Ochieng Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E019 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Petition for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Defilement Offence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Richard Ochieng Owuor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Petition for Revision of Sentence
Legal Issues
- 1 Whether the applicant has demonstrated any error, irregularity or impropriety in the sentence imposed by the trial court to warrant revision by the High Court.
- 2 Whether the High Court has jurisdiction to entertain the application after dismissal of the applicant's appeal.
Ratio Decidendi
The applicant failed to demonstrate any error, irregularity, or impropriety in the sentence imposed by the trial court. The sentence of 20 years imprisonment for the offence of defilement under Section 8(3) of the Sexual Offences Act was proper and legal, as it is the minimum sentence prescribed by law. The applicant's appeal to the High Court was dismissed, and he provided no particulars of any error in the proceedings. Consequently, the High Court is functus officio and lacks jurisdiction to entertain the application for revision. The application is without merit and is dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application dated 3/4/2023 is dismissed wholly.
Full Case Text
Judgment text and source record
24 paragraphs
Owuor v Republic (Criminal Petition E019 of 2023) [2023] KEHC 24110 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24110 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E019 of 2023
DO Ogembo, J
October 19, 2023
Between
Richard Ochieng Owuor
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Richard Ochieng Owuor, has filed an application dated 3-4-2023 before this court on 20-4-2023.
2. The same brought as a petition seeks basically orders of revision of sentence. The grounds for revision are not stated on the face of the application nor on the affidavit sworn in support of the application. The applicant, while making his oral submissions on the application, also did not disclose the basis of his application. He otherwise confirmed that the trial court did not err in the sentence and that his appeal to the high court was dismissed.
3. In response, Ms. Mumu for the State opposed the application.
4. Counsel submitted that the sentence of 20 years imprisonment was legal and the applicant can only file an appeal to a high court. Counsel urged that this application be dismissed.
5. I have considered the submissions of the parties herein. The proceedings of the trial court show that applicant was charged with the offence of defilement contrary to Section 8(i)(3) of the Sexual Offences Act No. 3 of 2006. He went through the motion of trial. He was eventually convicted on the main count and sentenced to serve 20 years imprisonment. This was on 5-4-2019. The section under which the applicant was convicted provides for a sentence of not less than 20 years. The sentence meted out against the applicant was therefore proper and legal.
6. In the present application, the applicant has not shown any error, irregularity or impropriety in the sentence of the lower court as to make this court invoke it. Powers of revision under Section 362 of the Criminal Procedure Code.
7. The proceedings of the trial court shows that applicant was out on bond during his trial.
8. The sentence as ordered by the trial court was therefore proper and whereas the applicant submitted that his appeal to the High Court was dismissed, he nonetheless gave no particulars of the appeal. If indeed his appeal was dismissed by the High Court, then this court would obviously be functus officio in this matter and lacks the jurisdiction to entertain this application.
9. I totally do not find any merit in this application of the applicant dated 3/4/2023. I dismiss the same wholly. It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF OCTOBER, 2023. D.O. OGEMBOJUDGE19. 10. 2023Court:RULING READ OUT IN COURT IN THE PRESENCE OF THE APPLICANT AND MS. MUMU FOR STATE.D.O. OGEMBOJUDGE19. 10. 2023