[2024] KEHC 10242 (KLR)
The court found that the application for sentence review was unsupported by any material evidence or documentation. The applicant failed to annex copies of the proceedings or judgment, and her plea was based solely on remorse and reformation. The court held that the sentence imposed was lawful and, in fact, too...
Source-derived case information.
- Citation
- [2024] KEHC 10242 (KLR)
- Parties
- Applicant: Florence Ayuma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E108 of 2024
- Procedural Posture
- Criminal Application / Sentence Review Ruling
- Outcome
- Application for sentence review dismissed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Cruelty to Children, Children Act Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Ayuma
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of her sentence for cruelty to a child.
- 2 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The court found that the application for sentence review was unsupported by any material evidence or documentation. The applicant failed to annex copies of the proceedings or judgment, and her plea was based solely on remorse and reformation. The court held that the sentence imposed was lawful and, in fact, too lenient given the offence. Therefore, there was no merit in the application, and no basis for interfering with the sentence. The application was dismissed accordingly.
Court Disposition
Application for sentence review dismissed.
Orders
- The application for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Ayuma v Republic (Criminal Application E108 of 2024) [2024] KEHC 10242 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10242 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E108 of 2024
RE Aburili, J
August 19, 2024
Between
Florence Ayuma
Applicant
and
Republic
Respondent
Ruling
1. The applicant claims in her application which is undated that she was convicted of the offence of cruelty to a child under section 22(2) as read with section 22(2) (sic) of the Children’s Act and sentenced to serve 2 years imprisonment. She now wants to be released from prison because she is remorseful and has reformed? and wants a lesser severe sentence. She did not even annex copies of proceedings and judgment.
2. I find the application is not supported by any material and is not merited as the sentence imposed was lawful and too lenient. The application for sentence review is hereby dismissed.
3. Signal to issue.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF AUGUST, 2024R.E. ABURILIJUDGE