[2020] KEHC 3877 (KLR)
The court found that the applicant, having been convicted after a full trial for the offence of manslaughter involving the brutal killing of her husband, had already received a lenient sentence of seven years imprisonment. The court was not persuaded that remorse and rehabilitation alone justified a revision of...
Source-derived case information.
- Citation
- [2020] KEHC 3877 (KLR)
- Parties
- Applicant: Caroline Makungu Imende; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 67 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, Remorse and Rehabilitation
- 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
Caroline Makungu Imende
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of her sentence for manslaughter.
- 2 Whether the original sentence was manifestly excessive or lenient given the circumstances of the offence.
Ratio Decidendi
The court found that the applicant, having been convicted after a full trial for the offence of manslaughter involving the brutal killing of her husband, had already received a lenient sentence of seven years imprisonment. The court was not persuaded that remorse and rehabilitation alone justified a revision of sentence, especially given the gravity and circumstances of the offence. The seriousness of the crime outweighed any mitigating factors presented by the applicant. Consequently, the application for sentence revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 67 OF 2020
CAROLINE MAKUNGU IMENDE……........................................................APPLICANT
VERSUS
REPUBLIC……………………........................................................…….…RESPONDENT
(Being an Application for Revision of sentence in Cr. Case No. 853 of 2015 in the Principal Magistrate’s Court, Siaya dated 18. 08. 2017 before Hon. J.O. Ong’ondo, Principal Magistrate)
RULING
1. I have considered the application for sentence revision.
2. The applicant convict is serving 7 years imprisonment for Manslaughter. The case went to full trial after the convict denied the offence. There is clear evidence that she strangled her husband and hit him with a blunt object until he died; a painful death.
3. The convict is said to be remorseful and rehabilitated. However, a previous life of a person who was said to be sickly was lost by the hands of the ruthless convict. Seven (7) years imprisonment was lenient.
4. I am not satisfied that the applicant convict deserves sentence Revision owing to the seriousness of the offence.
5. The application is dismissed.
6. File closed.
Dated, signed and Delivered at Siaya, this 24th Day of July 2020.
R.E. ABURILI
JUDGE