[2021] KEHC 1759 (KLR)
The court found that the applicant had already benefited from a less severe sentence as contemplated by the Constitution, having been sentenced to 10 years imprisonment for manslaughter, an offence that carries a maximum penalty of life imprisonment. The court held that the application for further review or...
Source-derived case information.
- Citation
- [2021] KEHC 1759 (KLR)
- Parties
- Applicant: Julius Oduor Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E110 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Review, Conviction Without Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Oduor Ogolla
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review or reduction of sentence for manslaughter after conviction and no appeal lodged.
- 2 Whether the sentence imposed was lawful and appropriate given the circumstances.
Ratio Decidendi
The court found that the applicant had already benefited from a less severe sentence as contemplated by the Constitution, having been sentenced to 10 years imprisonment for manslaughter, an offence that carries a maximum penalty of life imprisonment. The court held that the application for further review or reduction of sentence was misconceived and lacked merit, especially in the absence of an appeal against conviction or sentence. The court therefore declined and dismissed the application, closing the file.
Court Disposition
application dismissed
Orders
- The application is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E110 OF 2021
CORAM: R.E. ABURILI, J
JULIUS ODUOR OGOLLA................................................APPLICANT
VERSUS
REPUBLIC........................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siaya in Cr. Case No. 29 of 2015)
RULING
1. This matter is related to Misc. Criminal Application No. E115/2021 and E111/2021. In both cases, the original trial court file is Siaya HCR 29/2015 where they were convicted of the lesser offence of Manslaughter contrary to Section 202 after a trial for murder and sentenced to serve 10 years imprisonment. There is no appeal lodged.
2. The applicant/convict was released on bond pending trial and was given the less severe sentence as contemplated in Article 50(2)(p) and 25(2) of the Constitution.
3. Considering the maximum punishment for Manslaughter upon conviction is upto life imprisonment, I find the applicant to be mischievous and his application is misconceived. The same is hereby declined and dismissed.
4. File closed.
Dated, signed and delivered at Siaya this 16th Day of November, 2021
R.E. ABURILI
JUDGE