[2023] KEHC 20768 (KLR)
The court found that, considering the circumstances of the case—specifically that the incident occurred between family members and the applicant had already served a substantial portion of her sentence—there was sufficient justification to revise the sentence. Exercising its powers under section 364(1)(a) of the...
Source-derived case information.
- Citation
- [2023] KEHC 20768 (KLR)
- Parties
- Applicant: Agnes Atieno alias Night; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E056 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Revision
- Outcome
- sentence revised; applicant released
- Judges
- DO Ogembo
- Legal Topics
- Revision of Sentence, Grievous Harm, Penal Code Section 234, Powers of High Court, Sentencing Principles
- 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
Miscellaneous Criminal Application / Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for grievous harm was appropriate and warranted revision.
- 2 Whether the High Court should exercise its revisionary powers to reduce the sentence imposed by the lower court.
Ratio Decidendi
The court found that, considering the circumstances of the case—specifically that the incident occurred between family members and the applicant had already served a substantial portion of her sentence—there was sufficient justification to revise the sentence. Exercising its powers under section 364(1)(a) of the Criminal Procedure Code, the court reduced the applicant's sentence to the period already served and ordered her immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; applicant released
Orders
- The sentence of the applicant is reduced to the period already served.
- The applicant is to be released forthwith unless lawfully held for another reason.
Full Case Text
Judgment text and source record
21 paragraphs
Atieno v Republic (Miscellaneous Criminal Application E056 of 2023) [2023] KEHC 20768 (KLR) (26 July 2023) (Revision)
Neutral citation: [2023] KEHC 20768 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E056 of 2023
DO Ogembo, J
July 26, 2023
Between
Agnes Atieno alias Night
Applicant
and
Republic
Respondent
(Arising from sentence meted in Siaya PM’s court Criminal Case No. 233 of 2020 on August 18, 2022. )
Revision
1The applicant, Agnes Atieno alias Night, has moved this court seeking revision of her sentence. Before the lower court, she had faced a charge of grevious harm contrary to section 234 of the Penal Code in Siaya PM’s court Criminal Case No. 233 of 2020 and sentence to serve 2 years imprisonment. The sentence was passed on August 18, 2022.
2The powers of this court on revision as stipulated under section 364(1)(a) of the Criminal Procedure Code as spelt as follows:“…….in the case of a conviction, exercise any of the powers conferred on it as a Court of appeal by sections 354, 357 and 358, and may enhance the sentence”
3Section 354(3)(5)(b), this court on appeal has the powers;“..in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence.”
4I have considered the circumstances of this case especially the fact that the incident took place between family members. I have also considered the sentence meted against the applicant, and the fact that she has served out a substantial part of the same. I am convinced that this is a case deserving of revision of sentence.
5I accordingly order the sentence of the applicant be reduced to the period she has already served. I therefore order that the applicant be released forthwith unless lawfully held. It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26THDAY OF JULY, 2023D.O. OGEMBOJUDGE26. 7.2023Court:Ruling read out in Open court in the presence of Applicant and Ms. Mumu for the State.D.O. OGEMBOJUDGE26. 7.2023