[2020] KEHC 4136 (KLR)
The court held that the sentence of 11 years imprisonment for manslaughter was both lawful and lenient, as the offence carries a maximum penalty of life imprisonment. There was no demonstration of any error in principle or manifest excessiveness in the sentence imposed by the trial court. Consequently, there were no...
Source-derived case information.
- Citation
- [2020] KEHC 4136 (KLR)
- Parties
- Applicant: Milton Obote Ogaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 65 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Manslaughter, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milton Obote Ogaya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 11 years imprisonment for manslaughter imposed on the applicant was excessive or unlawful.
- 2 Whether there are grounds to revise the sentence imposed on the applicant.
Ratio Decidendi
The court held that the sentence of 11 years imprisonment for manslaughter was both lawful and lenient, as the offence carries a maximum penalty of life imprisonment. There was no demonstration of any error in principle or manifest excessiveness in the sentence imposed by the trial court. Consequently, there were no grounds to interfere with or revise the sentence under the court's revisionary jurisdiction. The application for revision was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 65 OF 2020
MILTON OBOTE OGAYA............................APPLICANT
VERSUS
REPUBLIC…..............................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 12 of 2016 of High Court at Siaya dated 8. 12. 2017 before Hon. Justice J.A. Makau, Judge)
RULING
1. I have considered the application dated 4/7/2020 for revision of sentence of 11 years imprisonment imposed on the applicant/convict MILTON OBOTE OGAYA for the offence of manslaughter.
2. Conviction for manslaughter carries up to life imprisonment. Sentence imposed on the applicant Milton Obote Ogaya is lawful and very lenient.
3. I find no ground to interfere by way of sentence revision.
4. The application is found to be devoid of merit. The same is hereby dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 9th Day of July, 2020.
R.E. ABURILI
JUDGE