[2022] KEHC 12581 (KLR)
The court declined to review the applicant's sentence because he had only served one year and nine months of a four-year consecutive sentence for assault causing actual bodily harm and possession of narcotic drugs. Despite the probation officer's recommendation for a community service order, the court found the...
Source-derived case information.
- Citation
- [2022] KEHC 12581 (KLR)
- Parties
- Applicant: Michael Ouma Mana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E035 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application for sentence review declined
- Judges
- JN Kamau
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Narcotic Drugs Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ouma Mana
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be reviewed and substituted with a community service order given the period already served.
- 2 Whether the recommendation by the probation officer is sufficient to warrant sentence revision at this stage.
Ratio Decidendi
The court declined to review the applicant's sentence because he had only served one year and nine months of a four-year consecutive sentence for assault causing actual bodily harm and possession of narcotic drugs. Despite the probation officer's recommendation for a community service order, the court found the period served insufficient to justify sentence revision at this stage. The applicant was advised to make a fresh application at a later, more appropriate time.
Court Disposition
application for sentence review declined
Orders
- The application for review of sentence is declined.
- The applicant may make a fresh application at the appropriate time.
Full Case Text
Judgment text and source record
16 paragraphs
Mana v Republic (Criminal Revision E035 of 2022) [2022] KEHC 12581 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12581 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E035 of 2022
JN Kamau, J
August 1, 2022
Between
Michael Ouma Mana
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Codecap 63 (Laws of Kenya). He had also been charged with being in possession of narcotic drugs contrary to section 3 (1) (b) of the Psyctiotropic Drugs Control Act No 4 of 1994. He was arrested on 14/9/2020 and arraigned in Court on 15/9/2020 when he pleaded guilty to both charges. He was sentenced on both counts to serve two (2) years imprisonment on 5/10/2020. The sentences were to run consecutively. The earliest date of release by Prisons is 5/6/2023. He has only spent one (1) year and nine (9) months in prison. The Report by Fredrick Otieno Probation/Community Service Order filed on 29/7/2022 recommends that he serve the community service order at Bujumba Chief’s office. In view of the fact that he has only served a short sentence, I hereby decline to review the sentence. The Applicant will be at liberty to make a fresh application at the appropriate time for consideration by the Court. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE