[2021] KEHC 5350 (KLR)
The court found that the sentence of 3 years imprisonment imposed on the applicant for the offence of grievous harm was both lawful and lenient, considering the seriousness of the offence, which could attract a maximum of life imprisonment. The court noted that the offence did not fall within the scope of the...
Source-derived case information.
- Citation
- [2021] KEHC 5350 (KLR)
- Parties
- Applicant: Gordon Odunga Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E017 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gordon Odunga Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for grievous harm should be revised for purposes of prison decongestion.
- 2 Whether the circumstances of the offence and the applicant's conduct warrant a reduction or alteration of the sentence.
Ratio Decidendi
The court found that the sentence of 3 years imprisonment imposed on the applicant for the offence of grievous harm was both lawful and lenient, considering the seriousness of the offence, which could attract a maximum of life imprisonment. The court noted that the offence did not fall within the scope of the Community Service Orders Act and that the applicant had denied the offence and undergone a full trial. There were no exceptional circumstances or legal errors justifying revision of the sentence. The application for sentence revision was therefore dismissed, and the court declined to interfere with the sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION CASE NO. E017 OF 2021
GORDON ODUNGA OMONDI.......................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................................RESPONDENT
(Application for sentence revision from the judgment, conviction and sentencein
SIAYA P.M’S MAGISTRATE’S COURTinCr Case No. E08 of 2018delivered on
25th July 2019by Hon. J.O. Ong’ondo – Senior Principal Magistrate)
RULING
1. The Convict Gordon Odinga Omondi is serving 3 years imprisonment imposed on 25. 7.2019 for the Offence of grievous harm. He seeks for sentence revision for Prison decongestion. I have perused the trial court record and the presentence and post-sentence Probation reports.
2. The offence of grievous harm attracts a maximum of life imprisonment upon conviction. The matter does not fall within Section 3(1) of the Community Service Orders Act. The offence is serious as it borders on Robbery with Violence from the circumstances given leading to the Commission of the offence. The Convict denied the offence and went through a full trial. There are no reasons for revision of that sentence. The Convict had the opportunity to appeal if he found the sentence harsh.
3. I find the sentence imposed was lawful and lenient. I decline to interfere with it. The application for sentence revision is dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE