[2016] KEHC 8040 (KLR)
The court held that the applicant, having been convicted of murder and sentenced to ten years imprisonment (reduced to six years after accounting for time served), does not fall within the category of offenders eligible for sentence revision. The guidelines for revision apply only to minor offences or where the...
Source-derived case information.
- Citation
- [2016] KEHC 8040 (KLR)
- Parties
- Applicant: Enock Muriani Keng'anya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 72 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Legal Topics
- Sentence Revision, Murder, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Muriani Keng'anya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant qualifies for sentence revision under the applicable guidelines.
- 2 Whether the sentence imposed was subject to further reduction under revision jurisdiction.
Ratio Decidendi
The court held that the applicant, having been convicted of murder and sentenced to ten years imprisonment (reduced to six years after accounting for time served), does not fall within the category of offenders eligible for sentence revision. The guidelines for revision apply only to minor offences or where the sentence is three years or less. Since murder is a serious offence and the sentence exceeds the threshold, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 72 OF 2016
ENOCK MURIANI KENG’ANYA………….……………..APPLICANT
VERSUS
REPUBLIC………………………………………….…...RESPONDENT
RULING
The file herein was forwarded for purposes of revision of the sentence. The Applicant was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. He was sentenced to ten (10) years imprisonment. The sentence was reduced to six (6) years after a deduction of the period served in the remand. The sentence was passed on 24th November, 2015.
The guidelines of revision are for minor offences; persons convicted to serve three years imprisonment or have a balance of the same period of sentence. The Applicant does not fall in this category.
Accordingly, application is dismissed.
DATED and DELIVERED this 12th day of July, 2016
G.W. NGENYE-MACHARIA
JUDGE