[2019] KEHC 3819 (KLR)
The court found that the applicant, convicted of rape and sentenced to 15 years imprisonment, was not suitable for a non-custodial sentence. This was based on the applicant's lack of remorse, continued denial of the offence, the negative impact on the victim (including the loss of her marriage), and the community's...
Source-derived case information.
- Citation
- [2019] KEHC 3819 (KLR)
- Parties
- Appellant: Samuel Ogolla Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 297 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed; sentence of 15 years imprisonment upheld
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Rape Offence, Custodial Vs Non Custodial Sentence, Probation Report Consideration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ogolla Opondo
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of 15 years imprisonment for rape should be revised to a non-custodial sentence.
- 2 Whether the applicant is suitable for a non-custodial sentence given the circumstances.
Ratio Decidendi
The court found that the applicant, convicted of rape and sentenced to 15 years imprisonment, was not suitable for a non-custodial sentence. This was based on the applicant's lack of remorse, continued denial of the offence, the negative impact on the victim (including the loss of her marriage), and the community's strong opposition to his return. The probation report indicated that the home environment was not conducive for rehabilitation. The sentence imposed was lawful and appropriate given the gravity of the offence and the circumstances. Accordingly, the application for sentence revision was dismissed and the applicant was ordered to serve the full custodial sentence.
Court Disposition
application for sentence revision dismissed; sentence of 15 years imprisonment upheld
Orders
- The application for sentence revision is dismissed.
- The applicant shall serve the full 15-year prison sentence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL DIVISION
SIAYA CR. REV. NO. 297 OF 2018
SAMUEL OGOLLA OPONDO.....................................APPELLANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
(Being an application for Revision of sentencein Ukwala PMCRC No.35 of 2017 dated 31. 1.2017)
RULING
1. I have considered the application for sentence revision filed on 20. 12. 2019 the Probation Report filed on 21. 1.2018 but which was never availed for consideration.
2. The Convict was sentenced to serve 15 years imprisonment for the offence of rape on 20. 3.2017 by SRM’s Court at Ukwala. He is married with three children. He has paralysis on his side after suffering a stroke ten years ago. The home environment was said not to be conducive for his rehabilitation.
3. The Convict was convicted for raping a wife to his employee. The community is bitter and does not want him back. He is 33 years old. The rape ordeal cost the victim her marriage.
4. The Convict is said to be not remorseful and persists denying committing the offence.
5. Having considered all the above, I am satisfied that the Applicant/Convict is not suitable for non-custodial sentence.
6. I decline to revise his sentence which is lawful and order that he serves his full Prison sentence.
7. The Application for sentence revision is dismissed.
8. The file herein is closed.
DATED AT SIAYA THIS 26 DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE