[2021] KEHC 5471 (KLR)
The court held that the application for further sentence revision lacked merit and legal basis, as the matter did not fall within the scope of Section 3(1) of the Community Service Orders Act regarding prison decongestion. The court had already exercised its discretion and jurisdiction in reducing the sentence to...
Source-derived case information.
- Citation
- [2021] KEHC 5471 (KLR)
- Parties
- Applicant: Michael Omondi Owago; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E013 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Omondi Owago
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a further reduction of sentence under the law for purposes of prison decongestion.
- 2 Whether the court has jurisdiction to revise the sentence further after the appeal was partially allowed and sentence reduced.
Ratio Decidendi
The court held that the application for further sentence revision lacked merit and legal basis, as the matter did not fall within the scope of Section 3(1) of the Community Service Orders Act regarding prison decongestion. The court had already exercised its discretion and jurisdiction in reducing the sentence to five years on appeal, and thus could not revise the sentence further. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E013 OF 2021
CORAM: R.E. ABURILI, J
MICHAEL OMONDI OWAGO.................………...…........….......APPLICANT
VERSUS
REPUBLIC...............................….…….........................................RESPONDENT
(Being an Application for Revision of sentence in Siaya Principal Magistrate Court Cr. Case No. 1078 of 2018 on 08/11/2018 by Hon. T.M. Olando, Senior Resident Magistrate AND Siaya HC Cr. Appeal No. 65 of 2018 dated 9/7/2019)
RULING
1. The applicant Michael Omondi Owago was convicted of the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He appeared to this court vide HCRA 65 of 2018 which appeal was partially allowed. The conviction was upheld but sentence was reduced to 5 years imprisonment, after the appellant withdrew his appeal against conviction and mitigated.
2. He now wants the 5 years imprisonment reduced further through prison decongestion.
3. I have considered the Probation Officer’s report on sentence Review.
4. I find the request for sentence revision devoid of any merit or legal basis. The matter does not fall within Section 3(1) of the Community Service Orders Act for purposes of prison decongestion. This court cannot revise the sentence further, having exhausted its discretion and jurisdiction in the matter.
5. Accordingly, the application for sentence Revision is hereby declined and dismissed.
6. File closed.
7. Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of June, 2021
R.E. ABURILI
JUDGE