[2020] KEHC 7117 (KLR)
The court held that the sentence of five years imprisonment for manslaughter was both lawful and lenient, considering the maximum penalty is life imprisonment. The applicant had not appealed the conviction or sentence and failed to present any new or exceptional circumstances that would warrant a revision or...
Source-derived case information.
- Citation
- [2020] KEHC 7117 (KLR)
- Parties
- Applicant: Charles Omondi Aduol; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 7 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing Revision, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Omondi Aduol
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of five years imprisonment for manslaughter should be revised downward.
- 2 Whether there are new or exceptional circumstances warranting reduction of sentence.
Ratio Decidendi
The court held that the sentence of five years imprisonment for manslaughter was both lawful and lenient, considering the maximum penalty is life imprisonment. The applicant had not appealed the conviction or sentence and failed to present any new or exceptional circumstances that would warrant a revision or reduction of the sentence. The court was not persuaded by the plea for forgiveness or the fresh mitigation, emphasizing the seriousness of the offence and the loss of life. Consequently, the application for sentence revision was declined and dismissed, and the applicant was ordered to serve the full sentence imposed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- The convict to serve the full sentence imposed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 7 OF 2020
(CORAM: R. E. ABURILI - J.)
CHARLES OMONDI ADUOL.....APPLICANT
VERSUS
REPUBLIC................................ RESPONDENT
(Being an Application for revision of sentence vide Senior Resident Magistrate’s Court, Ukwala vide Criminal Case No. 393 of 2018 dated 30. 8.2018 before Hon. G. Adhiambo, Senior Resident Magistrate)
RULING
1. The convict CHARLES OMONDI ADUOL was convicted and sentenced to serve five (5) years imprisonment for the offence of Manslaughter contrary to Section 202 as read with Section with Section 205 of the Penal Code.
2. This was on 30/8/2018. He has not appealed against the conviction and sentence. He seeks for sentence revision. The offence of Manslaughter carries a maximum of life imprisonment upon conviction.
3. Five years imprisonment as imposed is lawful and very lenient. A precious life was lost. Despite the request and fresh mitigation that he seeks for forgiveness I am not persuaded that the applicant/convict merits sentence revision. There are no new or exceptional circumstances that warrant reduction of sentence.
4. The Application is declined and dismissed.
5. The convict to serve full sentence imposed.
6. Orders accordingly.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE