[2024] KEHC 13388 (KLR)
The court found that the applicant had already received an extremely lenient sentence of 15 years imprisonment for two counts of robbery with violence, an offence that ordinarily attracts the death penalty. The applicant had previously appealed but withdrew the appeal, and his earlier application for sentence review...
Source-derived case information.
- Citation
- [2024] KEHC 13388 (KLR)
- Parties
- Applicant: Vincent Onyango Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E012 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentence Review, Custodial Sentence, Appeal Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Onyango Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the period spent in custody should be considered in reviewing the applicant's sentence.
- 2 Whether the applicant is entitled to further leniency or sentence reduction after withdrawing his appeal and after a previous sentence review application was dismissed.
Ratio Decidendi
The court found that the applicant had already received an extremely lenient sentence of 15 years imprisonment for two counts of robbery with violence, an offence that ordinarily attracts the death penalty. The applicant had previously appealed but withdrew the appeal, and his earlier application for sentence review had been dismissed. The court held that there was no new or compelling reason to revisit the sentence, and that repeated applications on the same grounds amounted to impermissible litigation by instalment. Accordingly, the application was dismissed as devoid of substance.
Court Disposition
application dismissed
Orders
- The application dated 17/1/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
26 paragraphs
Ochieng v Republic (Criminal Miscellaneous Application E012 of 2023) [2024] KEHC 13388 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13388 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E012 of 2023
RE Aburili, J
October 22, 2024
Between
Vincent Onyango Ochieng
Applicant
and
Republic
Respondent
Ruling
1. The applicant Vincent Onyango Ochieng is a convict of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code vide Siaya PMCr. Case No. 9/2019.
2. He was sentenced to serve 15 years imprisonment on 8/8/2019. He appealed vide Siaya HCCRA No. 63 of 2019 which appeal he voluntarily withdrew upon realization that he had been handed an extremely lenient sentence which could be enhanced on appeal, were the conviction to be upheld.
3. He returned to court later vide HCR Misc. CR. Application No. E045/2022 seeking for sentence review and the court dismissed that application wherein the court was of the view that the convict had been handed lenient sentence which was lawful taking into account his mitigation and the Francis Karioko Muruatetu Supreme Court decision.
4. The convict is back vide his application dated 17/1/2024 seeking the court considers the period spent in custody and leniency of this court.
5. I have considered the application and perused the lower court file in Siaya SP Cr. 9/2019. I observe that the convict was handed sentence which was extremely lenient considering that he faced death sentence upon conviction. He was convicted on two counts of robbery with violence.
6. There is no evidence that he was released on bond pending trial. The sentences of 15 years imprisonment were to run concurrently.
7. Nonetheless, the convict appealed and he had the opportunity to ventilate that issue on appeal before he withdrew the entire appeal.
8. Litigation by instalment is impermissible.
9. I find the application dated 17/1/2024 devoid of any substance. It is hereby dismissed.
10. This file is closed.
11. I so order.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024R. E. ABURILIJUDGE