[2020] KEHC 4140 (KLR)
The court found that the sentence of 10 years imprisonment for the offence of attempted defilement was lawful and within the statutory limits. The applicant did not appeal against conviction or sentence, and no illegality, incorrectness, or impropriety was demonstrated in the proceedings or the sentence imposed by...
Source-derived case information.
- Citation
- [2020] KEHC 4140 (KLR)
- Parties
- Applicant: Stephen Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 63 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Revision of Sentence, Attempted Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for attempted defilement was harsh and excessive.
- 2 Whether there are grounds to revise the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of 10 years imprisonment for the offence of attempted defilement was lawful and within the statutory limits. The applicant did not appeal against conviction or sentence, and no illegality, incorrectness, or impropriety was demonstrated in the proceedings or the sentence imposed by the trial court. Consequently, there was no basis for the High Court to interfere with or revise the sentence. The application for revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 63 OF 2020
STEPHEN OTIENO ODHIAMBO.........................................................APPLICANT
VERSUS
REPUBLIC............................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 848 of 2016
of Principal Magistrate’s Court, Siaya dated 29. 6.2017)
RULING
1. I have considered the applicants’ application for revision of sentence on account that it is very harsh and excessive. The applicant STEPHEN OTIENO ODHIAMBO was convicted for the offence of attempted defilement and sentenced to serve 10 years imprisonment. He did not appeal against the conviction and sentence.
2. The sentence was lawful.
3. I find no merit in the application for sentence revision.
4. The application is dismissed.
5. File closed.
Orders accordingly.
Dated, signed and Delivered at Siaya this 9th Day of July 2020
R.E. ABURILI
JUDGE