Oduma Obata v Republic [2020] KEHC 7145 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. 8 OF 2020

(CORAM: R. E. ABURILI - J.)

ODUMA OBATA..............................................................APPLICANT

VERSUS

REPUBLIC...................................................................RESPONDENT

(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo

Criminal Case No. 8 of 2020 dated 4. 9.2018 before Hon. M. Obiero, Principal Magistrate)

RULING

1. ODUMA OBATA was convicted and sentenced to serve 10 years imprisonment for the offence of rape.  He now seeks for sentence revision. There are no extreme mitigating circumstances that would persuade this court to revise sentence in such a heinous crime. This is a serious offence that does not call for sentence revision.

2. Proceedings were regular and sentence meted out was lawful.  If the convict had any issues with the conviction and or sentence he should have appealed.

3. I decline and dismiss the application for sentence revision.

4. Orders accordingly.

Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.

R.E. ABURILI,

JUDGE