[2019] KEHC 46 (KLR)
The court found that the sentence imposed on the applicant in Bondo PM Cr. Case No. 1066/2018 was lenient and appropriate. The applicant did not demonstrate any illegality, impropriety, or excessiveness in the sentence that would justify revision. Furthermore, the applicant stands to benefit from remission subject...
Source-derived case information.
- Citation
- [2019] KEHC 46 (KLR)
- Parties
- Applicant: Frankline Odhiambo Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 82 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Leniency of Sentence, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frankline Odhiambo Okumu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of the sentence imposed in Bondo PM Cr. Case No. 1066/2018.
Ratio Decidendi
The court found that the sentence imposed on the applicant in Bondo PM Cr. Case No. 1066/2018 was lenient and appropriate. The applicant did not demonstrate any illegality, impropriety, or excessiveness in the sentence that would justify revision. Furthermore, the applicant stands to benefit from remission subject to good conduct and industry while in prison. Therefore, there was no merit in the application for sentence revision.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 82 OF 2019
FRANKLINE ODHIAMBO OKUMU..........APPLICANT
VERSUS
REPUBLIC..................................................RESPONDENT
(Being an Application seeking Revision of sentence vide Criminal Case No. 1066 of 2018 at PM’s Court at Bondo dated 21. 2.2019 before Hon. M. Obiero, PM)
RULING
1. I have considered the Application for sentence revision in Bondo PM Cr. Case No. 1066/2018.
2. I am not satisfied that the applicant merits sentence revision as the sentence meted out is lenient and he is likely, subject to his industry and good character and conduct, to benefit from remission from prison authorities.
3. The application is dismissed.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of December, 2019
R.E. ABURILI
JUDGE