[2021] KEHC 5277 (KLR)
The court found that the sentence of five years imprisonment for the offence of grievous harm was lawful, lenient, and within the discretion of the trial court. The offence carries a maximum penalty of life imprisonment, and the applicant was not eligible for a community service order. The applicant had not pleaded...
Source-derived case information.
- Citation
- [2021] KEHC 5277 (KLR)
- Parties
- Applicant: Maurice Otieno Siguda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Grievous Harm, Sentencing Discretion, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Otieno Siguda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of five years imprisonment for grievous harm was lawful and warranted interference by the High Court.
- 2 Whether the applicant was entitled to a revision of sentence after his appeal was struck out for being filed out of time without leave.
Ratio Decidendi
The court found that the sentence of five years imprisonment for the offence of grievous harm was lawful, lenient, and within the discretion of the trial court. The offence carries a maximum penalty of life imprisonment, and the applicant was not eligible for a community service order. The applicant had not pleaded guilty and had not properly appealed the conviction and sentence, as his previous appeal was struck out for being filed out of time without leave. There was no legal basis to interfere with or reverse the sentence imposed. Accordingly, the application for revision was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The sentence of five years imprisonment stands.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION E020 OF 2021
MAURICE OTIENO SIGUDA.........................APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
(Revision Application from the judgment, conviction and sentence in Bondo P.M’s Cr. C. 246 of 2019 by dated 8. 5.2020, Hon. J.P. Nandi – Principal Magistrate)
RULING
1. Maurice Otieno Siguda was convicted of the offence of Grievous Harm contrary to Section 234 of the Penal Code. He appealed out of time vide High Court Criminal Appeal E019 of 2020 without leave of court and the appeal was struck out. He never sought leave to appeal out of time. He was serving five years imprisonment. He never pleaded guilty to the charge.
2. Punishment for grievous harm upon conviction is up to life imprisonment. This does not fall within Section 3(1) of the Community service Orders Act.
The sentence of 5 years imprisonment meted out was out of discretion. It was lenient and lawful. I decline to reverse or interfere with the lawful lenient the sentence imposed on the applicant herein and dismiss the request.
3. Filed Closed.
4. Orders accordingly.
DATED AND SIGNED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE