[2024] KEHC 14468 (KLR)
The court found that the trial court had considered the applicant's mitigation and first offender status before sentencing, and that the sentence imposed was legal. Furthermore, the High Court had already clarified in its judgment that the sentence was to run from the date of conviction, thereby accounting for the...
Source-derived case information.
- Citation
- [2024] KEHC 14468 (KLR)
- Parties
- Applicant: Michael Odhiambo Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E124 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Revision, Remand Periods, Penal Code Section 296 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Odhiambo Ogola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence.
- 2 Whether the sentence imposed by the trial court was lawful and appropriate in the circumstances.
Ratio Decidendi
The court found that the trial court had considered the applicant's mitigation and first offender status before sentencing, and that the sentence imposed was legal. Furthermore, the High Court had already clarified in its judgment that the sentence was to run from the date of conviction, thereby accounting for the period spent in remand. There was no error or illegality in the sentence that would warrant revision. Consequently, the application for revision of sentence was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed for lack of merit.
Full Case Text
Judgment text and source record
20 paragraphs
Ogola v Republic (Miscellaneous Criminal Application E124 of 2024) [2024] KEHC 14468 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14468 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E124 of 2024
DR Kavedza, J
November 19, 2024
Between
Michael Odhiambo Ogola
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted of three counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to twenty (20) years imprisonment.
2. He has filed the present application received on 19th August, 2024 seeking revision of sentence. The grounds raised are that he the time he spent in remand were not factored in, both at the trial court and by this court on appeal.
3. I have considered the application, the grounds in support and the applicable law. From the record of the trial court, the court considered the applicant’s mitigation, and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality, the sentence imposed was also legal in the circumstances of the case.
4. In addition, the judgement of this court delivered on 22nd February 2024, clearly indicated that the sentence shall run from the date of conviction. In the premises, the application dismissed for lacking in merit.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 19TH NOVEMBER 2024______________D. KAVEDZAJUDGE