[2020] KEHC 378 (KLR)
The court found that, given the nature of the offence (manslaughter, a capital offence), the applicant's status as a flight risk, and the community's unwillingness to accept him back, the case was not suitable for sentence revision. The applicant was advised to pursue an appeal if dissatisfied with the sentence, as...
Source-derived case information.
- Citation
- [2020] KEHC 378 (KLR)
- Parties
- Applicant: Joseah Wanyumba Gimugu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2020
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence After Conviction and Sentencing
- Outcome
- Application for revision of sentence dismissed.
- Judges
- RPV Wendoh
- Legal Topics
- Manslaughter, Sentencing Revision, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseah Wanyumba Gimugu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence After Conviction and Sentencing
Legal Issues
- 1 Whether the sentence of seven years imprisonment for manslaughter is suitable for revision under the circumstances.
- 2 Whether the applicant's status as a flight risk and community rejection affect eligibility for sentence revision.
Ratio Decidendi
The court found that, given the nature of the offence (manslaughter, a capital offence), the applicant's status as a flight risk, and the community's unwillingness to accept him back, the case was not suitable for sentence revision. The applicant was advised to pursue an appeal if dissatisfied with the sentence, as revision was not appropriate in these circumstances.
Court Disposition
Application for revision of sentence dismissed.
Orders
- The application for revision is dismissed.
- The applicant may prefer an appeal if he so wishes.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL REVISION E025 OF 2020
JOSEAH WANYUMBA GIMUGU .................................APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDNENT
REVISION
The applicant Joseah Wanyumba Gimugu pleaded guilty to a charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve seven (7) years imprisonment on 3/11/2019 by Hon. Mesa (PM) in Kehancha PMCR 1067 OF 2018. He seeks a revision of this sentence.
I have seen the pre-sentence report prepared by the Probation Officer. He was said to be flight risk and the community was not ready to accept him back in the society. So far, the applicant has only served about two (2) years. This being a capital offence, I find that it is not suitable for revision. He can prefer an appeal, if he so wishes.
DELIVERED, DATED and SIGNED at MIGORI this 14th day of December, 2020
R. WENDOH
JUDGE