[2024] KEHC 4708 (KLR)
The court found that the applicant, having pleaded guilty to assault causing actual bodily harm against his own sister and being a repeat offender with a history of non-custodial sentences for similar conduct, is not suitable for a non-custodial sentence. The presentence and review reports confirmed his continued...
Source-derived case information.
- Citation
- [2024] KEHC 4708 (KLR)
- Parties
- Applicant: Hesbon Ochieng Nyanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application for sentence review dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Presentence Reports, Recidivism, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Ochieng Nyanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of the sentence imposed for assault causing actual bodily harm.
- 2 Whether the period already served is sufficient to warrant sentence review under the prison decongestion exercise.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to assault causing actual bodily harm against his own sister and being a repeat offender with a history of non-custodial sentences for similar conduct, is not suitable for a non-custodial sentence. The presentence and review reports confirmed his continued risk to his family and lack of reformation. The eight months served was deemed insufficient for rehabilitation, and there were no mitigating factors justifying sentence review. The court held that the sentence was lawfully imposed and declined to review it, directing that the applicant serve at least three years before any further consideration for sentence review under the...
Court Disposition
application for sentence review dismissed
Orders
- The application for review of sentence is declined.
- The applicant shall serve at least three years in prison before any further consideration for sentence review.
Full Case Text
Judgment text and source record
23 paragraphs
Nyanja v Republic (Criminal Revision E020 of 2024) [2024] KEHC 4708 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4708 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E020 of 2024
RE Aburili, J
May 7, 2024
Between
Hesbon Ochieng Nyanja
Applicant
and
Republic
Respondent
(Being an appeal against original conviction and sentence imposed by the Court Martial sitting at Kahawa Garrison delivered on 8{{^th}} September 2023 in Court Martial case no. 16 of 2022 Republic vs Francis Mechuki Korosian)
Ruling
1. The offender Hesbon Ochieng Nyanja was convicted of offence of assault causing actual bodily harm.
2. He was sentenced to serve 5 years’ imprisonment vide Maseno SPM Criminal Case No. E290 of 2023.
3. He pleaded guilty to the charge. His victim was his own sister, Jane Adhiambo Nyanja. There was a presentence report prior to his being sentenced. The report revealed that the convict is a so troublesome to his family and he is a former convict. He readily admitted that he served two non-custodial sentences for creating disturbance and malicious damage to property.
4. The presentence Review Report filed herein on 27th March 2024 still shows that he is not suitable for non-custodial sentence.
5. He has served about 8 months of the 5 years’ imprisonment. This period is not sufficient to reform and or rehabilitate him noting that he is a grave danger to his own family members who would ordinarily come to his rescue when he is in trouble. There are no mitigating factors for review of the sentence lawfully meted out.
6. I decline to review the sentence imposed. Let the convict serve atleast three years in prison before the court can consider sentence review under prison decongestion exercise.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7THDAY OF MAY, 2024. R. E. ABURILIJUDGE