COO v Republic [2023] KEHC 25075 (KLR)

COO v Republic (Criminal Revision E127 of 2023) [2023] KEHC 25075 (KLR) (8 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25075 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E127 of 2023

RE Aburili, J

November 8, 2023

Between

COO

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E011 of 2020 at Tamu)

Ruling

1. This matter is before me for Sentence Review on account of age of the convict. The convict COO is now age 76 years old. He was convicted and sentenced to serve ten (10) years imprisonment vide Tamu Principal Magistrate Sexual Offences Case No. E011 of 2020 for the offence of rape contrary to Section 3(1) (b) (3) of the Sexual Offences Act. The victim was an 18 years old mentally challenged girl.

2. The convict denied committing the offence and the case went to full trial. There is no evidence of remorse for committing such an offence against a person who is mentally challenged.

3. The convict appealed vide HCCRA No. E001 of 2022 which appeal was heard and dismissed vide Judgment of 5th August 2022 by T. W. Cherere J.

4. I find no mitigating circumstances on the remorse or character of the convict to warrant sentence review which sentence remainder is in excess of 3 years.

5. I therefore decline the request for sentence review and close this file.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE