[2020] KEHC 7148 (KLR)
The court found that the proceedings in the Principal Magistrate’s Court, Bondo Criminal Case No. 284 of 2013, were regular and that the sentence of 20 years imprisonment for the offence of defilement was lawful. There were no exceptional or irregular circumstances presented to warrant the exercise of the High...
Source-derived case information.
- Citation
- [2020] KEHC 7148 (KLR)
- Parties
- Applicant: Vincent Ochieng Aringo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Revision, Criminal Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ochieng Aringo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for the offence of defilement is amenable to revision in the present circumstances.
- 2 Whether the proceedings and sentence in Bondo Criminal Case No. 284 of 2013 were regular and lawful.
Ratio Decidendi
The court found that the proceedings in the Principal Magistrate’s Court, Bondo Criminal Case No. 284 of 2013, were regular and that the sentence of 20 years imprisonment for the offence of defilement was lawful. There were no exceptional or irregular circumstances presented to warrant the exercise of the High Court's revisionary jurisdiction. Consequently, the application for revision of sentence was declined and dismissed.
Court Disposition
application dismissed
Orders
- The request for sentence revision is declined and dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 9 OF 2020
(CORAM: R. E. ABURILI - J.)
VINCENT OCHIENG ARINGO..............................................APPLICANT
VERSUS
REPUBLIC..............................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 284 of 2013)
RULING
1. The offence of defilement where the convict VINCENT OCHIENG ARINGO was sentenced, on conviction to serve 20 years imprisonment is not amendable for revision of sentence in the circumstances as the ones prevailing.
2. The proceedings were regular. Sentence is lawful.
3. The request for sentence revision is declined and dismissed.
4. Orders accordingly.
Dated, signed and delivered at Siaya, this 20th Day of March 2020.
R.E. ABURILI
JUDGE