[2020] KEHC 3907 (KLR)
The court found that the sentence of three years imprisonment for the offence of grievous harm was, if anything, too lenient given the near fatal injuries suffered by the victim and the lack of remorse shown by the applicant. The trial court had already considered mitigation, and the maximum sentence for grievous...
Source-derived case information.
- Citation
- [2020] KEHC 3907 (KLR)
- Parties
- Applicant: Emmanuel Okello Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 59 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Grievous Harm, Victim Impact, Proportionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Okello Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of three years imprisonment for the offence of grievous harm was manifestly lenient and warranted revision.
- 2 Whether the interests of the victim and the gravity of the injuries sustained justified interference with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of three years imprisonment for the offence of grievous harm was, if anything, too lenient given the near fatal injuries suffered by the victim and the lack of remorse shown by the applicant. The trial court had already considered mitigation, and the maximum sentence for grievous harm is life imprisonment. The interests of justice, including the victim's suffering and the need for punishment commensurate with the offence, did not warrant interference with the sentence through revision. The application for sentence revision was therefore dismissed as devoid of merit.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The convict is to complete the sentence imposed by the trial court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 59 OF 2020
EMMANUEL OKELLO OCHIENG.....APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an Application for Revision of sentence in Cr. Case No. 684 of 2018 in the Principal Magistrate’s Court, Bondo dated 17. 05. 2019 before Hon. E.N. Wasike, Senior Resident Magistrate)
RULING
1. I have considered the application for sentence revision by the convict Emmanuel Okello Ochieng who was convicted after a full trial and sentenced to serve 3 years imprisonment for the offence of grievous harm.
2. I have called for and perused the trial court record and the P3 form and treatment notes for the victim/complainant.
3. I have also considered the Probation Officer’s Report as filed dated 14th July 2020. The victim of the offence is still suffering and is bitter with the convict. Victims of offences deserve justice too justice through punishment of offenders, which punishment must be commensurate with the offence which punishment as imposed I find to be too lenient.
4. I observe that the victim sustained near fatal injuries following the attack by the convict who denied the offence. He did not even accept to have been near the victim on the date and time of the offence.
5. The sentencing remarks by the trial court took into account mitigation which can never be enough for the butchered victim.
6. Conviction for Grievous harm carries up to life imprisonment. Three years imprisonment imposed by the trial court is too lenient to be interfered with through revision. I find this application devoid of merit. I dismiss the application for sentence revision and order the convict to complete the lenient lawful sentence.
7. File closed.
8. Orders accordingly.
Dated, signed and Delivered at Siaya, this 24th Day of July 2020.
R.E. ABURILI
JUDGE