Opar v Republic [2024] KEHC 15726 (KLR)

Opar v Republic (Criminal Revision E1889 of 2024) [2024] KEHC 15726 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15726 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E1889 of 2024

DR Kavedza, J

December 13, 2024

Between

Erick Ochieng Opar

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the Erick Ochieng Opar is suitable for consideration of their sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicant was convicted on 11th December 2014 for the offence of defilement contrary to section 8 (1) as read with 8(4) of the Sexual Offences Act No.3 of 2006. He was sentenced to twenty (20) years imprisonment.

3. Applicant has only served eleven years six months of his sentence of twenty (20) years imprisonment.

4. In my view I find no good cause or reason to revise the sentence imposed.

5. The offence committed is serious, therefore the appellant is not eligible for early release.

6. The application dismissed for lacking in merit.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 13THDAY OF DECEMBER 2024________________D. KAVEDZAJUDGE