[2022] KEHC 16843 (KLR)
The court found that the sentence of three years imprisonment for the offence of grievous harm was not manifestly lenient given the severity of the injuries inflicted, which nearly amounted to attempted murder. The applicant, having pleaded guilty, was considered for leniency, but the presentence report indicated he...
Source-derived case information.
- Citation
- [2022] KEHC 16843 (KLR)
- Parties
- Applicant: Lucas Maganga Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E080 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Maganga Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of grievous harm was manifestly lenient or required revision.
- 2 Whether the applicant was fit for a non-custodial sentence.
Ratio Decidendi
The court found that the sentence of three years imprisonment for the offence of grievous harm was not manifestly lenient given the severity of the injuries inflicted, which nearly amounted to attempted murder. The applicant, having pleaded guilty, was considered for leniency, but the presentence report indicated he was unfit for a non-custodial sentence. The court concluded that there was no basis to interfere with or revise the sentence imposed by the trial court.
Court Disposition
application for sentence revision declined
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odhiambo v Republic (Criminal Revision E080 of 2022) [2022] KEHC 16843 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16843 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E080 of 2022
RE Aburili, J
December 20, 2022
Between
Lucas Maganga Odhiambo
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E220 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 20. 7.2022)
Ruling
1. The convict Lucas Maganga Odhiambo is, according to the presentence report, unfit for non-custodial sentence.
2. He was sentenced to a lenient sentence of 3 years imprisonment for the offence of grievous harm.
3. Although he pleaded guilty, the injuries sustained by the victim border on attempted murder as a panga was used to cut the victim who nearly died.
4. I decline to revise the lenient sentence.
5. File closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE