Odhiambo v Republic (Criminal Application E055 of 2024) [2026] KEHC 4365 (KLR) (9 February 2026) (Ruling) Neutral citation: [2026] KEHC 4365 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY CRIMINAL APPLICATION E055 OF 2024 PJO OTIENO, J FEBRUARY 9, 2026 BETWEEN JOSEPH OSIRO ODHIAMBO ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The accused was charged, tried and convicted for the offence of incest and was convicted and sentenced to serve an imprisonment term of twenty (20) years. 2. There is no evidence that he ever filed any appeal against the conviction and sentence but has now approached the court with an application for revision seeking that he be granted the least sentence prescribed and that such sentence be computed to take into account the period spent in remand custody. 3. After parties addressed the court on the application, the court called for social inquiry report by probation office on the applicant. There was compliance and a report dated 22/12/2025 was duly filed. 4. The report discloses that the applicant is now aged 76 years old, that he has since reformed and remorseful. The family members including the primary victim were interviewed and all do not oppose the court granting him leniency but approve of the same and promises to give him family support towards integration. 5. There is a promise to rent for him a house within the locality for at most six months as the family constructs for him a home on his own land and even get for him a wife. 6. While the court is aware that today in Kenya, penalties set by Sexual Offences Act remain cast on stone and shielded away from judicial interference by way of discretion, the court is also of the learning that the objects of sentencing as a legal tool, for conducting societal affairs is first and foremost to preserve https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4365/eng@2026-02-09 1
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societal norms and interests. One of such interest recognised and ordained to be jealously guarded is the best interest of the child. There is also the need to protect through social security, the vulnerable including the elderly. 7. The social inquiry report by the probation officer disclose that one of the reasons the family and primary victim, in particular, desire to have the applicant back home is the need to give support and guidance to a child called Victor. 8. On that basis alone, the court invokes its obligation on the best interest of the child the view that the applicant is old and vulnerable and direct that the applicant term be reduced to a term of 12 years to commence on the 5/11/2018. Of that period he shall serve the last three years on probation term under the supervision of the Director of Probation Services, Homa Bay County. 9. During that period of probation term, the County Director of Probation is directed to offer counselling services to the applicant on regular basis as shall be deemed adequate to assist him reintegrate and appreciate and respect the rule of law and the command not to commit crimes. 10. It is so ordered. DATED, SIGNED AND DELIVERED THIS 9TH DAY OF FEBRUARY, 2026. PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4365/eng@2026-02-09 2
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