Ochieng v Director of Public Prosecutuion [2024] KEHC 1738 (KLR)

Ochieng v Director of Public Prosecutuion (Criminal Revision E036 of 2023) [2024] KEHC 1738 (KLR) (22 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1738 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Revision E036 of 2023

SC Chirchir, J

February 22, 2024

Between

Julius Akoth Ochieng

Applicant

and

Director of Public Prosecutuion

Respondent

Ruling

1. The applicant was charged with the offence of defilement contrary to section 8(1)(4) of the Sexual Offences Act No. 3 of 2006. The victim was a 16 years old girl.

2. After a full trial he was sentenced to 7 years in prison. The grounds for review are that the purpose of punishment can still be achieved by a served period than the 7 years meted out. That the applicant was a first offender, was remorseful and has been of good conduct. That he has undergone rehabilitation programmes, while in prison.

Determination 3. The High Court is granted supervisory powers over the subordinate’s court pursuant to article 165(6) and 7 of the constitution, and section 362 of the Criminal Procedure Code.

4. In exercising this supervising jurisdiction, section 362 of the Penal Code obligates the high court to assess the correctness, legality or property of a finding, sentence or order made by the subordinate courts. The high court is also required to check on the regularity of the proceedings undertaken by a subordinate court (Ref section 362 of the Penal Code)

5. The applicant herein was charged with the offence of defiling a child aged 16 years at the time, contrary to section 8(4). The prescribed sentence under section 8(4) is a term of imprisonment of not less than 15 years. The applicant herein has not demonstrated how illegal, irregular, incorrect or improper the sentence of 7 years is. In the light of the minimum sentence prescribed by the Act, the applicant escaped with a lenient sentence, in my view.

6. In a nutshell the applicant has no valid grounds for revision of his sentence. The application is unmerited and the same is hereby dismissed.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 22ND DAY OF FEBRUARY, 2024S. CHIRCHIRJUDGEIn the presence ofGodwin - Court AssistantApplicant