[2024] KEHC 12850 (KLR)
The court found that the applicant was recently convicted in 2023 and had not served a substantial period of the 10-year sentence. There was no evidence presented to show that the applicant had reformed or been rehabilitated. The court held that the application lacked merit as the applicant failed to demonstrate...
Source-derived case information.
- Citation
- [2024] KEHC 12850 (KLR)
- Parties
- Applicant: Edwin Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E092 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Rehabilitation, Conviction, Application for Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of the 10-year sentence imposed in Winam SPM Criminal Case No. E213 of 2023.
- 2 Whether the applicant has served a substantial period of the sentence to warrant review.
- 3 Whether there are sufficient grounds for sentence review under the cited constitutional provisions.
Ratio Decidendi
The court found that the applicant was recently convicted in 2023 and had not served a substantial period of the 10-year sentence. There was no evidence presented to show that the applicant had reformed or been rehabilitated. The court held that the application lacked merit as the applicant failed to demonstrate sufficient grounds for review of sentence under the cited constitutional provisions. Consequently, the application for review was disallowed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is disallowed.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E092 of 2024) [2024] KEHC 12850 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12850 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E092 of 2024
MS Shariff, J
October 24, 2024
Between
Edwin Odhiambo
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application made by the Applicant under the provisions of articles 22, 23, 24, 25, 27, 50 (2) p, 159 and 165 of the Constitution of Kenya 2010 for review of sentence of 10 years handed down to the Applicant in Winam SPM Criminal Case No. E213 of 2023: R -vs- Edwin Odhiambo on a date that the Applicant has opted not to disclose.
2. It is apparent that the Applicant was recently convicted given that the trial file is a 2023 one contrary to his pleadings. He has therefore not served any substantial period of his sentence and he has not had ample time to reform and be rehabilitated.
3. This application is devoid of any iota of merit wherefore I do hereby disallow it with no orders as to costs.
4. This file is hereby marked as closed.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE