[2025] KEHC 8797 (KLR)

[2025] KEHC 8797 (KLR)

The court, after considering the mitigation, the circumstances of the offence—particularly that the offence was committed against a minor who was the accused's own child—and the presentence report, determined that a custodial sentence was appropriate. Applying section 333(2) of the Criminal Procedure Code, the court...

Source-derived case information.

Citation
[2025] KEHC 8797 (KLR)
Parties
Applicant: Republic; Defendant: Tobia Ouma Ondial
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
20 June 2025
Case Number
Criminal Case E009 of 2025
Procedural Posture
Criminal Case / Sentencing Ruling
Outcome
accused sentenced to 7 years' imprisonment; file closed
Judges
A Mabeya
Legal Topics
Sentencing, Child Offences, Mitigation, Presentence Reports
Source Language
english
Criminal Law Sentencing Child Offences Mitigation Presentence Reports

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Parties

Republic

Applicant

Tobia Ouma Ondial

Defendant

Procedural Posture

Criminal Case / Sentencing Ruling

Legal Issues

  1. 1 What is the appropriate sentence for the accused convicted of an offence against a minor, his own child.
  2. 2 How should the court consider mitigation and the presentence report in determining sentence.

Ratio Decidendi

The court, after considering the mitigation, the circumstances of the offence—particularly that the offence was committed against a minor who was the accused's own child—and the presentence report, determined that a custodial sentence was appropriate. Applying section 333(2) of the Criminal Procedure Code, the court sentenced the accused to seven years' imprisonment, with the sentence to run from the date of first remand. The decision reflects the court's balancing of the seriousness of the offence, the need for deterrence, and the mitigating factors presented.

Court Disposition

accused sentenced to 7 years' imprisonment; file closed

Orders

  • The accused is sentenced to 7 years' imprisonment in accordance with section 333(2) of the Criminal Procedure Code, sentence to run from 12/3/2025.
  • This file is closed.