[2022] KEHC 16788 (KLR)
The court found that the applicant, George Owino Juma, was not suitable for a non-custodial sentence due to the aggravated nature of the offences, which included severe physical and sexual violence, prolonged suffering of the victim, and lack of remorse. The presentence report supported a custodial sentence. There...
Source-derived case information.
- Citation
- [2022] KEHC 16788 (KLR)
- Parties
- Applicant: George Owino Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E091 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined; sentence to stand
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Attempted Murder, Sexual Assault, Custodial Sentence, Presentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Owino Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence given the aggravated nature of the offences committed.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant, George Owino Juma, was not suitable for a non-custodial sentence due to the aggravated nature of the offences, which included severe physical and sexual violence, prolonged suffering of the victim, and lack of remorse. The presentence report supported a custodial sentence. There was no basis for interfering with the sentence imposed by the trial court, as it was neither illegal nor excessive. The application for sentence revision was therefore declined, and the applicant was ordered to serve the full sentence as imposed.
Court Disposition
application for sentence revision declined; sentence to stand
Orders
- The application for sentence revision is declined.
- The applicant shall serve the full sentence imposed by the trial court.
Full Case Text
Judgment text and source record
21 paragraphs
Juma v Republic (Criminal Revision E091 of 2022) [2022] KEHC 16788 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16788 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E091 of 2022
RE Aburili, J
December 20, 2022
Between
George Owino Juma
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM Criminal Case No. 189 of 2021 delivered by Hon C.I.Agutu, SRM 11. 5.2022)
Ruling
1. On May 11, 2022, the convict herein George Owino Juma was sentenced to serve three (3) years imprisonment for the offence of attempted murder contrary to section 220(9) of thePenal Code and one (1) year imprisonment for the offence of sexual assault. Both sentences to run concurrently. He never appealed. The prosecution never sought for enhanced sentence.
2. The convict has been in custody since his arrest on March 28, 2021 as he was found unsuitable to be released on bond pending trial. The presentence report also recommended custodial sentence due to the aggravated nature of the offence as the convict cut the victim with a panga severally all over her body and in her thighs and gluteal areas which were burnt with a hot panga leading to grafting of skin and inserted a hot panga in her genitals to destroy her reproductive system completely. After cutting and burning her, her he locked her in the house for one week without food and water and threatened any neighbor who dared go near his house. He continued burning her body with a hot panga for the whole week. She became unconscious and was only rescued by a daring cousin of the convict who called the administration. It is also reported that he is not remorseful and therefore non-custodial sentence will not benefit him.
3. I find the convict George Owino Juma not suitable for non-custodial sentence and decline to review the sentence imposed and order that the convict serves the full sentence.
4. File closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE