[2020] KEHC 147 (KLR)
The High Court found that the trial magistrate exercised proper discretion in sentencing the applicant and correctly applied the principle in the Muruatetu Case. The court noted that the issue of sentence had already been addressed during the applicant's appeal, where the sentence of 15 years imprisonment was found...
Source-derived case information.
- Citation
- [2020] KEHC 147 (KLR)
- Parties
- Applicant: George Morara Bisonga; Respondent: Republic through ODPP
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2020
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- application dismissed
- Legal Topics
- Sentencing Principles, Life Imprisonment, Criminal Revision, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Morara Bisonga
Applicant
Republic through ODPP
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the court should revise the sentence imposed by the trial magistrate.
- 2 Whether the principle in the Muruatetu Case was correctly applied in sentencing.
Ratio Decidendi
The High Court found that the trial magistrate exercised proper discretion in sentencing the applicant and correctly applied the principle in the Muruatetu Case. The court noted that the issue of sentence had already been addressed during the applicant's appeal, where the sentence of 15 years imprisonment was found to be lenient given the statutory sentence of life imprisonment for the offence. The court held that it would not be tenable in law to re-open the matter, and dismissed the application for revision.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: A.K NDUNG’U J.
CRIMINAL REVISION NO. 2 OF 2020
GEORGE MORARA BISONGA......................................APPLICANT
VERSUS
REPUBLIC through ODPP.............................................RESPONDENT
(From original conviction and sentence in Criminal Case No. 17 of 2017 of the Principal Magistrate’s Court at Ogembo)
JUDGEMENT
I have considered the application. It is clear the trial magistrate exercised discretion in sentencing and therefore correctly applied the principle in the Muruatetu Case. No wonder that even when the applicant appealed, this court did not find ground to interfere with the sentence.
The applicant has re-approached this court again over an issue already addressed by the court. This is not tenable in Law.
The sentence for the offence is life imprisonment. A sentence of 15 years as already held by the court in the applicant’s appeal is lenient in the circumstances. The application is dismissed.
Dated and delivered at Kisii this 24th day of February 2020.
A.K NDUNG’U
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Applicant in person