[2019] KEHC 31 (KLR)
The court found that the offence of malicious damage to property was serious and that the applicant had not served even one month of the custodial sentence. The judge determined that there was no sufficient ground to warrant revision of the sentence of three months imprisonment in default of payment of a fine of...
Source-derived case information.
- Citation
- [2019] KEHC 31 (KLR)
- Parties
- Applicant: Emmanuel Odongo Matendechere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 112 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Malicious Damage to Property, Sentencing Revision, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Odongo Matendechere
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 months imprisonment in default of paying a fine of Kshs. 13,000 for malicious damage to property should be revised.
Ratio Decidendi
The court found that the offence of malicious damage to property was serious and that the applicant had not served even one month of the custodial sentence. The judge determined that there was no sufficient ground to warrant revision of the sentence of three months imprisonment in default of payment of a fine of Kshs. 13,000. The court emphasized the seriousness of the offence and the appropriateness of the sentence imposed by the trial court, declining to interfere with the sentence in the absence of any illegality or impropriety.
Court Disposition
application for revision of sentence dismissed
Orders
- Request for revision of sentence declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 112 OF 2019
EMMANUEL ODONGO MATENDECHERE........................APPLICANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 1048 of 2019 at Bondo Principal Magistrate’s Court, delivered on 11. 12. 2019)
RULING
1. The convict EMMANUEL ODONGO MATENDECHERE was convicted and sentenced on 11/12/2019 for the offence of malicious damage to property.
2. The Offence committed was serious. He has not served even one month in prison for the serious offence. I decline to revise sentence of 3 months imprisonment for default to pay a fine of Kshs. 13,000/=.
3. Request for revision of sentence declined and dismissed.
4. File closed.
Dated, signed and Delivered at Siaya this 20th day of December 2019
R.E. ABURILI
JUDGE