[2025] KEHC 2327 (KLR)
The court found that the applicant's request for revision was based on grounds already litigated and conclusively determined in prior appeals before both the High Court and the Court of Appeal. The law prescribes a mandatory life sentence for defilement of a child under 11 years, and the aggravating circumstances in...
Source-derived case information.
- Citation
- [2025] KEHC 2327 (KLR)
- Parties
- Applicant: Job Ntabo Ratemo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Defilement, Sexual Offences Act, Sentencing, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Ntabo Ratemo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision of sentence is merited in light of previous appeals and the nature of the offence committed.
- 2 Whether the life sentence imposed for defilement under section 8(1) as read with 8(2) of the Sexual Offences Act was appropriate.
- 3 Whether the applicant is abusing the court process by filing repetitive applications on the same grounds.
Ratio Decidendi
The court found that the applicant's request for revision was based on grounds already litigated and conclusively determined in prior appeals before both the High Court and the Court of Appeal. The law prescribes a mandatory life sentence for defilement of a child under 11 years, and the aggravating circumstances in this case justified the sentence imposed. The court held that entertaining further applications on the same grounds would undermine the finality of litigation and constitute an abuse of the court process. Accordingly, the application was dismissed, and the applicant was barred from filing similar applications without leave of the court.
Court Disposition
application dismissed
Orders
- The application is dismissed as an abuse of the court process.
- The applicant is barred from filing any similar application without the leave of this court.
Full Case Text
Judgment text and source record
20 paragraphs
Ratemo v Republic (Criminal Revision E019 of 2024) [2025] KEHC 2327 (KLR) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2327 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E019 of 2024
DR Kavedza, J
February 17, 2025
Between
Job Ntabo Ratemo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006. The applicant’s actions have been detrimental to the reproductive health of the complainant who was two-years old at the time of the incident. The applicant was sentenced to life imprisonment in accordance with the prescribed law.
2. In 2009, he filed a petition of appeal application no. 314 of 2009 at the High Court challenging the conviction and sentence imposed by the trial court. The learned judge affirmed decision of the trial court and dismissed the appeal. The applicant then filed a second appeal no. 96 of 2014 at the Court of Appeal, based on the same grounds as his first appeal. Having looked into the circumstances surrounding the case as recorded by the trial court, the Court of Appeal found that the appeal lacked merit and dismissed it accordingly.
3. Considering the nature of the offences that the applicant committed and the aggravating circumstances, it is my view that the life sentence is appropriate for the offence.
4. I therefore find that the application is an abuse of the court process and it is hereby dismissed.
5. The applicant is bared from filing any similar application without the leave of this court.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 17TH DAY OF FEBRUARY 2025. ______________D. KAVEDZAJUDGE