[2022] KEHC 1710 (KLR)
The court found that there was no material presented by the applicant to justify granting a non-custodial sentence for the offence of grievous harm. Given the seriousness of the offence and the absence of any compelling reasons or new evidence, the application for a non-custodial sentence was declined. The court...
Source-derived case information.
- Citation
- [2022] KEHC 1710 (KLR)
- Parties
- Applicant: Maurice Otieno Sigunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E020 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence After Dismissal of Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Non Custodial Sentence, Grievous Harm, Appeal Dismissal
- 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
Maurice Otieno Sigunda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence After Dismissal of Appeal
Legal Issues
- 1 Whether the applicant is entitled to a non-custodial sentence for the offence of grievous harm after dismissal of his appeal.
Ratio Decidendi
The court found that there was no material presented by the applicant to justify granting a non-custodial sentence for the offence of grievous harm. Given the seriousness of the offence and the absence of any compelling reasons or new evidence, the application for a non-custodial sentence was declined. The court emphasized that sentencing discretion must be exercised judiciously and in accordance with the law, especially where the offence is grave and the appeal against conviction and sentence has already been dismissed.
Court Disposition
application dismissed
Orders
- The application for a non-custodial sentence is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E020 OF 2022
CORAM: HON. R.E. ABURILI, J
MAURICE OTIENO SIGUNDA......APPLICANT
VERSUS
REPUBLIC.....................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court at Siaya in HCCRA No. E019/2020 and originally from Principal Magistrate’s Court at Bondo in Criminal Case No. 246 of 2019)
RULING
1. I have considered the application filed on 17/2/2022 seeking for non-custodial sentence. The applicant/convict filed an appeal videHCRA E019/2020 which appeal was filed out of time and vide Ruling of 14/12/2020, this court dismissed the appeal. He now wants non-custodial sentence. I find no material upon which I can grant non-custodial sentence for the offence of grievous harm.
2. The application is declined and dismissed.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE