[2022] KEHC 16851 (KLR)
The court found that the injuries inflicted on the complainant were so serious as to involve permanent disabilities, specifically the loss of teeth. Despite the applicant pleading guilty, the sentence imposed by the trial court was considered lenient in light of the gravity of the harm caused. The applicant had not...
Source-derived case information.
- Citation
- [2022] KEHC 16851 (KLR)
- Parties
- Applicant: Nicholas Oketch Agunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E065 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined. File closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Oketch Agunda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm was manifestly lenient and warranted revision.
Ratio Decidendi
The court found that the injuries inflicted on the complainant were so serious as to involve permanent disabilities, specifically the loss of teeth. Despite the applicant pleading guilty, the sentence imposed by the trial court was considered lenient in light of the gravity of the harm caused. The applicant had not completed one month of the two-year prison term. The court concluded that there was no basis to interfere with or review the sentence imposed by the trial court, and therefore declined the application for sentence revision.
Court Disposition
Application for sentence revision declined. File closed.
Orders
- The application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Agunda v Republic (Criminal Revision E065 of 2022) [2022] KEHC 16851 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16851 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E065 of 2022
RE Aburili, J
December 22, 2022
Between
Nicholas Oketch Agunda
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E265 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 24. 11. 2022)
Ruling
1. I have perused the trial court record. Although the convict herein Nicholas Oketch Agunda was charged with assault causing actual bodily harm contrary to section 251 of the Penal Code and he pleaded guilty to the charge, the injuries inflicted on the complainant were so serious that they involved permanent disabilities of loss of teeth.
2. The sentence imposed is lenient and the convict has not completed one month of the 2 years prison term.
3. I decline to review the sentence imposed.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22NDDAY OF DECEMBER, 2022. RE ABURILIJUDGE