Otieno v Republic [2024] KEHC 15703 (KLR)

Otieno v Republic (Criminal Revision 190 of 2024) [2024] KEHC 15703 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15703 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 190 of 2024

DR Kavedza, J

December 13, 2024

Between

Raphael Onyango Otieno

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Isaac Juma 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 21st December 2022 for the offence of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No.3 of 2006. He was sentenced to ten (10) years imprisonment.

3. Applicant has only served five years eight months of his sentence of ten (10) 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 2024D. KAVEDZAJUDGE