[2018] KEHC 2680 (KLR)
The court found that the sentence of a fine of Kshs. 20,000 in default six months imprisonment for each count of assault causing actual bodily harm was both lawful and lenient, given that the statutory maximum sentence for the offence is three years. The applicant, having denied the charges and necessitated a full...
Source-derived case information.
- Citation
- [2018] KEHC 2680 (KLR)
- Parties
- Applicant: David Omondi Onganyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 163 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Omondi Onganyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm was lawful and appropriate.
- 2 Whether there are grounds to revise or reduce the sentence imposed on the applicant.
Ratio Decidendi
The court found that the sentence of a fine of Kshs. 20,000 in default six months imprisonment for each count of assault causing actual bodily harm was both lawful and lenient, given that the statutory maximum sentence for the offence is three years. The applicant, having denied the charges and necessitated a full trial, was not entitled to further leniency. There was no illegality or impropriety in the sentence to warrant revision under the court's powers. The application for revision was therefore dismissed, and the applicant was ordered to serve the full default imprisonment term if the fine was not paid.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The applicant to serve full 6 months imprisonment on each count should he fail to raise a fine of Kshs. 20,000 imposed in respect of each count.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HC. CR. MISC. APP. NO. 163 OF 2018
(CORAM: R. E. ABURILI - J.)
DAVID OMONDI ONGANYO.....................................APPLICANT
VERSUS
REPUBLIC.................................................................RESPONDENT
(Being an Appeal against the sentence dated 08. 08. 2018 in Criminal
Case No. 304 of 2017 at SIAYA Law Courts, PM’s Court)
RULING
The Applicant is seeking for review of sentence, he was on 8/8/2018 sentenced to a fine of Kshs. 20,000/= in default to serve 6 months imprisonment on 3 counts of Assault causing actual bodily harm contrary to Section 251 of the Penal Code.
This was after a full trial in Siaya PM Cr. Case No. 301/2017 Republic Vs Joash Ochieng Onganyo & 2 Others. He now seeks for revision of sentence.
The court notes that the applicant denied the charge thereby wasting judicial time and resources to conduct the trial. Now that he is convicted and given very lenient short sentence, should he fail to pay and wants his liberty.
The sentence meted out was lawful and lenient considering the maximum thereof is three years.
Accordingly, I find the application for revision of sentence unmerited. The same is dismissed. The Applicant to serve full 6 months imprisonment on each count should he fail to raise a fine of Kshs. 20,000/= imposed in respect of each count.
Dated, Signed and Delivered at SIAYA this 30th Day of October 2018.
R.E. ABURILI
JUDGE