[2024] KEHC 11906 (KLR)
The court found that the applicant's attack on the complainants was unprovoked, cruel, and resulted in severe, permanent injury, including amputation. The sentence of 10 years imprisonment was considered extremely lenient in light of the gravity of the offence and the maximum penalty prescribed by law. There was no...
Source-derived case information.
- Citation
- [2024] KEHC 11906 (KLR)
- Parties
- Applicant: Christopher Okinda Odul; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E091 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Penal Code Section 234, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Okinda Odul
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for grievous harm was manifestly excessive or required revision.
- 2 Whether the applicant's conviction and sentence by the lower court were lawful and justified.
Ratio Decidendi
The court found that the applicant's attack on the complainants was unprovoked, cruel, and resulted in severe, permanent injury, including amputation. The sentence of 10 years imprisonment was considered extremely lenient in light of the gravity of the offence and the maximum penalty prescribed by law. There was no legal or factual basis to interfere with or reduce the sentence, and the application for revision was therefore dismissed as devoid of merit.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odul v Republic (Miscellaneous Criminal Application E091 of 2023) [2024] KEHC 11906 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11906 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E091 of 2023
RE Aburili, J
September 27, 2024
Between
Christopher Okinda Odul
Applicant
and
Republic
Respondent
(Being an Application for review of Convictionand sentence from conviction of Bondo PM’s Court vide Criminal Case No. 913 of 2019 delivered by Hon. JP Nandi, PM on 8/7/2020)
Ruling
1. The Applicant Christopher Okinda Odul was convicted of the offence of grievous harm contrary to Section 234 of the Penal Code and sentenced to serve 10 years imprisonment vide Bondo SPM Cr. Case No. 913/2019 on 8/7/2020. He now applies for sentence revision.
2. I have considered the application and also perused the lower court proceedings and judgment.
3. From the evidence adduced, the applicant seriously attacked the complainant leading to amputation of left forearm and the complainant is left with stump fashioning.
4. The applicant attacked the 1st complainant with a panga unprovoked and the 2nd complainant only intervened only for the applicant to chop off his hand. The attack was cruel and dehumanizing. The convict deserved life imprisonment but was only given 10 years which was a slap on the wrist compared to the debilitating injuries suffered by a 51-year-old complainant.
5. I find no reason to review lawful extremely lenient sentence which could have been enhanced on appeal. The application filed on 5/10/2023 is found to be devoid of any merit and is hereby dismissed.
6. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE