[2022] KECA 1294 (KLR)
The Court of Appeal allowed the appeal on sentence, noting that the appellant had abandoned the appeal on conviction. The court accepted the recommendation by the state counsel to reduce the sentence to the term already served. The court exercised its discretion to interfere with the sentence, finding sufficient...
Source-derived case information.
- Citation
- [2022] KECA 1294 (KLR)
- Parties
- Appellant: Stephen Ouma Ogolla; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 171 of 2017
- Procedural Posture
- Criminal Appeal / Appeal on Sentence Only; Conviction Appeal Abandoned
- Outcome
- Appeal on sentence allowed; sentence reduced to term served; appellant to be released unless otherwise lawfully held.
- Judges
- W Karanja, F Tuiyott, JM Ngugi
- Legal Topics
- Sentencing, Appeal on Sentence, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ouma Ogolla
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal on Sentence Only; Conviction Appeal Abandoned
Legal Issues
- 1 Whether the appellant's sentence should be reduced as per the appeal on sentence only.
Ratio Decidendi
The Court of Appeal allowed the appeal on sentence, noting that the appellant had abandoned the appeal on conviction. The court accepted the recommendation by the state counsel to reduce the sentence to the term already served. The court exercised its discretion to interfere with the sentence, finding sufficient grounds to do so, and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
Appeal on sentence allowed; sentence reduced to term served; appellant to be released unless otherwise lawfully held.
Orders
- The appellant’s sentence is reduced to the term already served.
- The appellant shall be released from prison custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Ogolla v Republic (Criminal Appeal 171 of 2017) [2022] KECA 1294 (KLR) (23 November 2022) (Order)
Neutral citation: [2022] KECA 1294 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Appeal 171 of 2017
W Karanja, F Tuiyott & JM Ngugi, JJA
November 23, 2022
Between
Stephen Ouma Ogolla
Appellant
and
Republic
Respondent
(Appeal from the Judgment of the High Court of Kenya at Homa Bay (D.S. Majanja, J) Dated 19th October, 2015 in HCCRA NO. 4 OF 2015)
Order
1. The court has allowed the appellant’s appeal, which was on sentence only, the appellant having abandoned the appeal on conviction.
2. Accordingly, it is ordered that the appellant’s sentence be and is hereby reduced to the term already served as recommended by Mr Okango, learned counsel for the state.
3. The appellant shall be released from prison custody forthwith unless he is otherwise lawfully held.It is so ordered.
MADE AT KISUMU THIS 23RD DAY OF NOVEMBER, 2022. W. KARANJA..............................JUDGE OF APPEALF. TUIYOTT..............................JUDGE OF APPEALJOEL NGUGI..............................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR.