[2023] KEHC 19803 (KLR)
The court found that the applicant was convicted on his own plea of guilty for two counts of assault causing actual bodily harm and sentenced to one year imprisonment for each count. The probation officer's report did not recommend a non-custodial sentence. The court held that there was no sufficient basis to...
Source-derived case information.
- Citation
- [2023] KEHC 19803 (KLR)
- Parties
- Applicant: Hesbon Momanyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E083 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to continue serving custodial sentence as imposed by the trial court.
- Judges
- WA Okwany
- Legal Topics
- Assault Causing Actual Bodily Harm, Plea of Guilty, Sentencing, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Momanyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed by the trial court for assault causing actual bodily harm was appropriate.
- 2 Whether the applicant should be granted a non-custodial sentence in light of the probation officer's report.
Ratio Decidendi
The court found that the applicant was convicted on his own plea of guilty for two counts of assault causing actual bodily harm and sentenced to one year imprisonment for each count. The probation officer's report did not recommend a non-custodial sentence. The court held that there was no sufficient basis to interfere with the custodial sentence imposed by the trial court, and therefore directed that the applicant continue to serve the sentence as meted out.
Court Disposition
Application for revision of sentence dismissed. Applicant to continue serving custodial sentence as imposed by the trial court.
Orders
- The applicant shall continue to serve the custodial sentence imposed by the trial court.
Full Case Text
Judgment text and source record
17 paragraphs
Momanyi v Republic (Criminal Revision E083 of 2023) [2023] KEHC 19803 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19803 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E083 of 2023
WA Okwany, J
June 29, 2023
Between
Hesbon Momanyi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E260 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 2nd May 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for two counts of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The trial court sentenced him to serve 1-year imprisonment for each count. The Applicant has served one month in custody. The Report by Jackline C. Mwei the Probation Officer filed on June 14, 2023 does not recommend a non-custodial sentence. Consequently, I hereby direct that the Applicant continues to serve the custodial sentence meted by the trial court.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE