[2022] KEHC 16837 (KLR)
The court declined to revise the sentence because the applicants were sentenced to serve 5 years imprisonment for manslaughter, and the presentence report did not support a non-custodial sentence. Furthermore, as the sentence to be served exceeds 3 years, the court found no basis to interfere with the sentence...
Source-derived case information.
- Citation
- [2022] KEHC 16837 (KLR)
- Parties
- Applicant: Julius Odhiambo Oduor; Applicant: Erick Ochieng Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E101 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Manslaughter, Non Custodial Sentence, Imprisonment Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Odhiambo Oduor
Applicant
Erick Ochieng Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for manslaughter should be revised to a non-custodial sentence.
Ratio Decidendi
The court declined to revise the sentence because the applicants were sentenced to serve 5 years imprisonment for manslaughter, and the presentence report did not support a non-custodial sentence. Furthermore, as the sentence to be served exceeds 3 years, the court found no basis to interfere with the sentence imposed by the trial court. The application for sentence revision was therefore dismissed.
Court Disposition
application for sentence revision declined
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Oduor & another v Republic (Criminal Revision E101 of 2022) [2022] KEHC 16837 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16837 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E101 of 2022
RE Aburili, J
December 20, 2022
Between
Julius Odhiambo Oduor
1st Applicant
Erick Ochieng Onyango
2nd Applicant
and
Republic
Respondent
(An Application for sentence revision in Ukwala PM’s Criminal Case no 32 of 2020 delivered by Hon C N Sindani, Principal Magistrate on August 25, 2021)
Ruling
1. The convicts herein Julius Odhiambo Oduor and Erick Ochieng Onyango were sentenced to serve 5 years imprisonment on August 12, 2021 for the offence of manslaughter.
2. They have only served 1 year and 4 months of the 5 years imprisonment.
3. The presentence report was against a non-custodial sentence.
4. As the sentence to be serve is more than 3 years, I hereby decline to review the sentence.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R E ABURILIJUDGE