[2024] KEHC 11575 (KLR)
The court determined that, since the applicant and the complainant have reconciled after sentencing and this fact was not available to the sentencing court, it is necessary to obtain the lower court file and a probation officer's report before deciding on the sentence review. The court thus directed that these...
Source-derived case information.
- Citation
- [2024] KEHC 11575 (KLR)
- Parties
- Applicant: Joshua Omondi Manyala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E156 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application; Pre Hearing Directions
- Outcome
- Directions issued for availing lower court file and probation report; no final determination on sentence review yet.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Reconciliation With Complainant
- 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
Joshua Omondi Manyala
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application; Pre Hearing Directions
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of post-conviction reconciliation with the complainant.
- 2 Whether the court should consider new evidence of reconciliation not available at sentencing.
Ratio Decidendi
The court determined that, since the applicant and the complainant have reconciled after sentencing and this fact was not available to the sentencing court, it is necessary to obtain the lower court file and a probation officer's report before deciding on the sentence review. The court thus directed that these materials be availed and set a mention date to confirm compliance, reserving substantive determination until all relevant information is before it.
Court Disposition
Directions issued for availing lower court file and probation report; no final determination on sentence review yet.
Orders
- The lower court file Maseno SPM Criminal Case No. E019 of 2023 to be availed to this court.
- The Probation Officer to file a sentence review report on the convict and complainant.
Full Case Text
Judgment text and source record
21 paragraphs
Manyala v Republic (Miscellaneous Criminal Application E156 of 2024) [2024] KEHC 11575 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11575 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E156 of 2024
RE Aburili, J
September 26, 2024
Between
Joshua Omondi Manyala
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Maseno Senior Principal Magistrate’s Court Criminal Case No. E019 of 2023)
Ruling
1. The Convict Joshua Omondi Manyala was sentenced vide Maseno SPM Criminal Case No. E019 of 2024 to serve 3 years’ imprisonment for the offence of assault causing actual bodily harm on 30th July 2024.
2. He applies for Sentence Review as he has reconciled with the complainant Isaac Omondi Mbala, as per the letter of Assistant Chief, Dago Sub-location dated 7th August 2024 after the conviction and sentence.
3. It follows that the court never had the chance to see the letter before sentence.
4. I hereby direct the lower court file No. Maseno SPM Criminal Case No. E019 of 2023 to be availed to this court and the Probation Officer to file a Sentence review report on the convict Joshua Omondi Manyala and complainant Isaac Omondi Mbala.
5. Mention on 16th October, 2024 to confirm compliance.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE