[2022] KEHC 16747 (KLR)
The court held that the sentence imposed on the applicant was already lenient given the gravity of the offence and the severe injuries inflicted on the complainant. The maximum sentence for grievous harm is life imprisonment, yet the applicant was sentenced to 11 months imprisonment or a fine of Kshs 90,000....
Source-derived case information.
- Citation
- [2022] KEHC 16747 (KLR)
- Parties
- Applicant: Martin Mito Odhiambo alias Sida; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E109 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review declined.
- Judges
- RE Aburili
- Legal Topics
- Grievous Harm, Sentencing Review, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mito Odhiambo alias Sida
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the sentence imposed on the applicant for grievous harm was too lenient and warranted revision.
- 2 Whether the applicant is suitable for sentence review in light of the aggravating circumstances.
Ratio Decidendi
The court held that the sentence imposed on the applicant was already lenient given the gravity of the offence and the severe injuries inflicted on the complainant. The maximum sentence for grievous harm is life imprisonment, yet the applicant was sentenced to 11 months imprisonment or a fine of Kshs 90,000. Considering the aggravating circumstances, including the near-fatal injuries suffered by the complainant, the court found no justification to revise the sentence unless the applicant paid the fine imposed. The application for sentence review was therefore declined.
Court Disposition
Application for sentence review declined.
Orders
- Sentence review is declined unless the applicant pays the fine imposed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Odhiambo v Republic (Criminal Revision E109 of 2022) [2022] KEHC 16747 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16747 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E109 of 2022
RE Aburili, J
December 20, 2022
Between
Martin Mito Odhiambo alias Sida
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E036/2022 by Hon. S. Mathenge, Senior Resident Magistrate on 19/8/2022)
Ruling
1. The convict Martin Mito Odhiambo alias Sida was convicted of the offence of grievous harm contrary to section 234 of the Penal Code. He pleaded not guilty. The complainant Gordon Odhiambo Ouko suffered very serious debilitating injuries including fractures of the head and deep cuts, as per the medical reports in the file. The convict has served only 4 months of the 11 months imprisonment in default of a fine of Kshs 90,000 imposed. The maximum sentence is life imprisonment. The sentence imposed is too lenient to be revised considering the aggravating circumstances as the complainant nearly lost his life as a result of the injuries.
2. I find the convict not suitable for sentence review unless he pays the fine imposed.
3. File closed. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE