[2022] KEHC 16744 (KLR)
The court found that the sentences of eight months and two months imprisonment imposed on the applicants for the offence of grievous harm were too lenient considering the seriousness of the offence, the fact that the complainant lost two teeth, and that the applicants did not admit guilt, necessitating a full trial....
Source-derived case information.
- Citation
- [2022] KEHC 16744 (KLR)
- Parties
- Applicant: Moses Odhiambo Menya; Applicant: Wycliffe Ojwaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E132 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application for sentence revision declined. Sentences imposed by the trial court upheld.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Odhiambo Menya
Applicant
Wycliffe Ojwaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentences imposed on the applicants for the offence of grievous harm were manifestly lenient and warranted revision by the High Court.
Ratio Decidendi
The court found that the sentences of eight months and two months imprisonment imposed on the applicants for the offence of grievous harm were too lenient considering the seriousness of the offence, the fact that the complainant lost two teeth, and that the applicants did not admit guilt, necessitating a full trial. However, the court declined to revise the sentences, exercising its discretion not to interfere with the trial court's decision despite its view on leniency, and ordered the file closed.
Court Disposition
Application for sentence revision declined. Sentences imposed by the trial court upheld.
Orders
- The application for revision of sentence is declined.
- The sentences imposed by the trial court are upheld.
Full Case Text
Judgment text and source record
22 paragraphs
Menya & another v Republic (Criminal Revision E132 of 2022) [2022] KEHC 16744 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16744 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E132 of 2022
RE Aburili, J
December 20, 2022
Between
Moses Odhiambo Menya
1st Applicant
Wycliffe Ojwaka
2nd Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 1675 of 2021 by Hon. S. Mathenge, Senior Resident Magistrate on 11/11/2022)
Ruling
1. The two convicts were sentenced to serve eight months and two months imprisonment respectively for the offence of grievous harm. The complainant lost two teeth. Maximum sentence is life imprisonment. I find the sentence imposed to be too lenient to revise, considering the serious offence that they committed and never admitted that they committed the offence, thereby taking the court and the complainant through the full trial.
2. I decline to revise the sentences imposed.
3. File closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20THDAY OF DECEMBER, 2022R.E. ABURILIJUDGE