[2024] KEHC 10112 (KLR)
The court found that the applicant failed to provide any substantive grounds or compelling reasons to warrant a review of her sentence. The mere assertion of reformation, without more, does not meet the threshold for sentence review under the law. The application was therefore dismissed for lack of merit.
Source-derived case information.
- Citation
- [2024] KEHC 10112 (KLR)
- Parties
- Applicant: Millicent Akinyi Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E109 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Attempted Murder, Penal Code Section 220
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Millicent Akinyi Odera
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant has established sufficient grounds for review of her sentence for attempted murder.
Ratio Decidendi
The court found that the applicant failed to provide any substantive grounds or compelling reasons to warrant a review of her sentence. The mere assertion of reformation, without more, does not meet the threshold for sentence review under the law. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odera v Republic (Miscellaneous Criminal Application E109 of 2024) [2024] KEHC 10112 (KLR) (14 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10112 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E109 of 2024
RE Aburili, J
August 14, 2024
Between
Millicent Akinyi Odera
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam SPM Criminal Case No. E248 of 2022)
Ruling
1. The applicant was convicted and sentenced to serve 15 years imprisonment for the offence of attempted murder contrary to section 220 of the Penal Code.
2. That is what she states in her application but in the affidavit in support she claims that she was sentenced to serve six years imprisonment. She does not say whether she appealed or not. She seeks for review of sentence to a less severe one because she has reformed.
3. I am not persuaded that the applicant has made out any case for sentence review. The application is devoid of any substance and is hereby dismissed.
4. Signal to issue.
5. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE