[2022] KEHC 16831 (KLR)
The court found that there was no merit in reviewing the 8-year prison term imposed on the applicant for manslaughter, as the sentence had already been reconsidered and reduced on appeal. The applicant had previously sought sentence revision, which was declined, and no new grounds were presented to warrant further...
Source-derived case information.
- Citation
- [2022] KEHC 16831 (KLR)
- Parties
- Applicant: Geoffrey Odhiambo Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E123 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision dismissed.
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Odhiambo Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a further revision of his sentence after the High Court had already reduced it on appeal.
- 2 Whether there are any new grounds or merit for reviewing the 8-year prison term imposed for manslaughter.
Ratio Decidendi
The court found that there was no merit in reviewing the 8-year prison term imposed on the applicant for manslaughter, as the sentence had already been reconsidered and reduced on appeal. The applicant had previously sought sentence revision, which was declined, and no new grounds were presented to warrant further interference with the sentence. The court emphasized the finality of its resentencing decision and declined to exercise its revisionary jurisdiction further.
Court Disposition
Application for sentence revision dismissed.
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Odhiambo v Republic (Criminal Revision E123 of 2022) [2022] KEHC 16831 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16831 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E123 of 2022
RE Aburili, J
December 21, 2022
Between
Geoffrey Odhiambo Odhiambo
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. 1163 of 2018 delivered by Hon. E.N. Wasike, Senior Resident Magistrate on 4. 10. 2019 AND in Siaya HCCRA No. 74/2019)
Ruling
1. The convict Geoffrey Odhiambo Odhiambo was sentenced to serve fifteen (15) years imprisonment by Bondo PM in Criminal Case No 1163/2018 for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Vide Cr Appeal No 74/2019, This Court on appeal reduced the sentence to 8 years imprisonment.
2. He applied for sentence review vide Criminal Revision E038/2021 and this court declined on 30/6/2021.
3. I find no merit in reviewing the 8 year prison term having resentenced the convict.
4. File closed.
Dated, signed and delivered at Siaya, this 21stDay of December, 2022R.E. ABURILIJUDGE