[2022] KEHC 13188 (KLR)
The court found that the sentence of two years' imprisonment for the offence of grievous harm was lawful and extremely lenient considering the maximum penalty of life imprisonment provided by law. There was no irregularity in the trial proceedings, and the injuries suffered by the victim were severe, including a...
Source-derived case information.
- Citation
- [2022] KEHC 13188 (KLR)
- Parties
- Applicant: Agnes Atieno Alias Night; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E050 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Atieno Alias Night
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of grievous harm was lawful and warranted revision.
- 2 Whether there was any irregularity in the proceedings before the trial court.
Ratio Decidendi
The court found that the sentence of two years' imprisonment for the offence of grievous harm was lawful and extremely lenient considering the maximum penalty of life imprisonment provided by law. There was no irregularity in the trial proceedings, and the injuries suffered by the victim were severe, including a fractured hand, lacerations, and partial loss of finger function. The court held that there was no justification to interfere with or revise the sentence imposed by the trial court.
Court Disposition
application for sentence revision dismissed
Orders
- The application for sentence revision is dismissed.
- The convict to serve the full sentence imposed by the trial court.
Full Case Text
Judgment text and source record
23 paragraphs
Atieno v Republic (Criminal Revision E050 of 2022) [2022] KEHC 13188 (KLR) (20 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13188 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E050 of 2022
RE Aburili, J
September 20, 2022
Between
Agnes Atieno Alias Night
Applicant
and
Republic
Respondent
(Being an Application for sentence revision arising from the conviction and sentence by Hon Benjamin B. Limo in the Chief Magistrate’s Court at Siaya in Criminal Case No. 233 of 2020)
Ruling
1. I have considered the application for sentence revision dated August 19, 2022. The convict/applicant Agnes Atieno aliasNight was convicted and sentenced to serve two years imprisonment by Hon Limo B Benjamin, senior resident magistrate on August 18, 2022 for the offence of grievous harm contrary to section 234 of the Penal Code. This was after a full trial of the case conducted by Hon Muthoni Mwangi, resident magistrate.
2. I observe that the applicant was convicted on July 29, 2021 and that she filed for sentence revision immediately she was sentenced. She had not even served one month in prison before filing this application.
3. The offence of grievous harm carries up to life imprisonment. The victim of the offence, Jenipha Achieng Obonyo was viciously attacked and injured by the accused and her accomplices. She sustained very serious injuries including fractured left hand and several lacerations. She lost the partial function of digital finger.
4. I have perused the proceedings before the trial court. There is no irregularity therein and the sentence imposed was lawful and extremely lenient, considering the maximum provided for in law. I find no reason to interfere with it. I decline to revise the sentence imposed. I dismiss the application for Sentence Revision.
5. The convict to serve full sentence.
6. I so order.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE