[2019] KEHC 663 (KLR)
The court, upon considering the Probation Officer’s Social Inquiry Report, the appellant's mitigation, his status as a first offender and family man, and the seriousness and traumatic effect of the offence on the victim, found that the original sentence of 15 years' imprisonment was excessive. The court determined...
Source-derived case information.
- Citation
- [2019] KEHC 663 (KLR)
- Parties
- Appellant: Benard Odhiambo Ngonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2019
- Procedural Posture
- Criminal Appeal / Resentencing
- Outcome
- Sentence reduced on resentencing.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Sentencing Guidelines, Mitigation, First Offender, Serious Offence, Victim Impact
- 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
Benard Odhiambo Ngonga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Resentencing
Legal Issues
- 1 Whether the original sentence of 15 years' imprisonment should be set aside and substituted with a lesser sentence upon resentencing.
- 2 What factors should be considered in resentencing the appellant.
Ratio Decidendi
The court, upon considering the Probation Officer’s Social Inquiry Report, the appellant's mitigation, his status as a first offender and family man, and the seriousness and traumatic effect of the offence on the victim, found that the original sentence of 15 years' imprisonment was excessive. The court determined that a sentence of 10 years' imprisonment was appropriate and substituted the original sentence accordingly, with the new sentence to run from the date of the original sentencing.
Court Disposition
Sentence reduced on resentencing.
Orders
- The sentence of 15 years' imprisonment is set aside.
- The appellant is resentenced to 10 years' imprisonment to be calculated from 1.2.2019.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 6 OF 2019
BENARD ODHIAMBO NGONGA..............................APPELLANT
VERSUS
REPUBLIC..................................................................RESPONDENT
(Being an Appeal against conviction and sentence from original Bondo PMCRC 30 of 2018 dated 1. 2.2019before Hon. E.N. Wasike – S.R.M.)
RESENTENCING
1. This matter is for resentencing. I have considered the Probation Officer’s Social inquiry report dated 18. 12. 2019 on the appellant. I have also considered the fact that the appellant maintains his innocence.
2. I have equally given consideration to the mitigation given in the lower court and the fact that the appellant is a first offender and a family man.
3. I have also considered the seriousness of the offence and its traumatic effect on the victim of the offence. I resentence the appellant to serve ten (10) years in prison. Accordingly, the 15 years’ imprisonment is set aside and substituted with 10 years’ imprisonment to be calculated from the date of his sentencing on 1. 2.2019.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 18th Day of December, 2019.
R.E. ABURILI
JUDGE