[2019] KEHC 11771 (KLR)
The court found that the application for resentencing was premature as it was made less than a month after the original sentence was imposed, with no change in circumstances since the probation officer's report was considered. The sentence of one year imprisonment for grievous harm was lawful and lenient, given that...
Source-derived case information.
- Citation
- [2019] KEHC 11771 (KLR)
- Parties
- Appellant: Aloyce Obare Odinga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 46 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Resentencing Petition
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Grievous Harm, Sentencing Review, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Aloyce Obare Odinga
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Resentencing Petition
Legal Issues
- 1 Whether the application for resentencing is warranted given the circumstances and timing.
- 2 Whether the sentence imposed was lawful and appropriate for the offence of grievous harm.
Ratio Decidendi
The court found that the application for resentencing was premature as it was made less than a month after the original sentence was imposed, with no change in circumstances since the probation officer's report was considered. The sentence of one year imprisonment for grievous harm was lawful and lenient, given that the maximum penalty is life imprisonment. The seriousness of the victim's injuries further justified the sentence. Accordingly, there was no basis for resentencing, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The convict to serve the full sentence imposed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL DIVISION
SIAYA CR. REV. NO. 46 OF 2019.
ALOYCE OBARE ODINGA ....................................................................... APPELLANT
VERSUS
REPUBLIC .................................................................................................RESPONDENT
(Being a Petition for resentencing following the judgment in Siaya PMCRC No. 588 of 2018 dated 1. 8.2019 8 in Siaya PM’s Court before Hon. J. Ongondo – PM).
RULING
1. On 1. 8.2019 the Convict Aloyce Obare Odinga was sentenced to serve 1 year imprisonment by Siaya P.M’s Court in Cr. Case No. 588 of 2017 for the offence of grievous harm contrary to section 234 of the Penal Code. He denied the offence and the trial was conducted fully. The sentence was imposed after a Probation Officer’s report dated 1. 8.2019 was considered. It is hardly two months ago.
2. The application was made on 19. 8.2019 even before serving one month in prison. Circumstances prevailing as at 1. 8.2019 when the Probation Officer filed his report which was considered have not changed.
3. The victims was seriously injured. The sentence was lawful and very lenient considering that maxim is life imprisonment.
4. The application for sentence review being premature and not warranted, I dismiss it. The convict to serve full sentence.
5. File closed.0
DATED AT SIAYA THIS 26 DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE