[2021] KEHC 5543 (KLR)
The court held that it had already exercised its discretion and jurisdiction in resentencing the applicant from 15 years to 8 years imprisonment following the earlier appeal. There was no further legal basis or jurisdiction for the court to reduce the sentence again through revision. The probation report, while...
Source-derived case information.
- Citation
- [2021] KEHC 5543 (KLR)
- Parties
- Applicant: Geoffrey Odhiambo Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E038 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing Discretion, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Odhiambo Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to further reduce the applicant's sentence after resentencing on appeal.
- 2 Whether the probation report provides a legal basis for further reduction of sentence.
Ratio Decidendi
The court held that it had already exercised its discretion and jurisdiction in resentencing the applicant from 15 years to 8 years imprisonment following the earlier appeal. There was no further legal basis or jurisdiction for the court to reduce the sentence again through revision. The probation report, while persuasive, did not provide a legal foundation for further reduction. The application for revision was therefore found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E038 OF 2021
CORAM: R.E. ABURILI, J
GEOFFREY ODHIAMBO ODHIAMBO.......................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Being an Application for Revision of sentence against sentence in Bondo PM Court’s Criminal Case No. 1163 of 2018 on 5/12/2018 by Hon. P.J. Nandi, Principal Magistrate AND Siaya HC Criminal Appeal No. 74 of 2019)
RULING
1. Geoffrey Odhiambo Odhiambo was convicted of the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 15 years imprisonment. He appealed to this court vide HCRA 74/2019 which appeal against conviction was dismissed upon withdrawal of the challenge by the appellant but the appeal against sentence was allowed.
2. The 15 years sentence was reduced to 8 years in prison. This court having exercised discretion and resentenced the convict to a lesser term, it has no further powers to reduce that sentence.
3. Further, punishment for manslaughter, upon conviction, is up to life imprisonment. The court has exhausted its discretion and jurisdiction in sentencing and resentencing of the convict.
4. I have considered the Probation report filed on 15/6/2021 which is persuasive but lacking legal basis.
5. The application is devoid of merit. It is hereby dismissed.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE