[2022] KEHC 12839 (KLR)
The court declined to review the applicant's custodial sentence for assault causing actual bodily harm because the applicant was violent towards his aged and paralyzed father, the family opposed a non-custodial sentence, and the applicant lacked a fixed abode. Furthermore, the applicant had already served the...
Source-derived case information.
- Citation
- [2022] KEHC 12839 (KLR)
- Parties
- Applicant: Alphayo Maima Oguda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Sentence review declined; file marked as closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Plea of Guilty, Non Custodial Sentence, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alphayo Maima Oguda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence for assault causing actual bodily harm.
- 2 Whether a non-custodial sentence is appropriate in the circumstances of the case.
Ratio Decidendi
The court declined to review the applicant's custodial sentence for assault causing actual bodily harm because the applicant was violent towards his aged and paralyzed father, the family opposed a non-custodial sentence, and the applicant lacked a fixed abode. Furthermore, the applicant had already served the sentence with remission, making sentence review unnecessary. The court found no compelling reason to interfere with the sentence imposed by the trial court and marked the file as closed.
Court Disposition
Sentence review declined; file marked as closed.
Orders
- Sentence review is declined.
- File is marked as closed.
Full Case Text
Judgment text and source record
22 paragraphs
Oguda v Republic (Criminal Revision E032 of 2022) [2022] KEHC 12839 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12839 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E032 of 2022
RE Aburili, J
August 8, 2022
Between
Alphayo Maima Oguda
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E1777/2021 by Hon. J.P. Nandi, Principal Magistrate on 8/10/2021)
Ruling
1. The convict Alphayo Maima Oguda was convicted on his own Plea of guilty and sentenced to serve one year imprisonment on 8/12/2021 for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.
2. The victim is his 89 year old father who is said to be paralyzed as a result of the assault occasioned by the convict.
3. The family members are unwilling to have the convict be released on non-custodial sentence. He is aged 30 years but very violent towards his aged father and family members.
4. Non-custodial sentence is not recommended because the convict is said not have any fixed abode.
5. I however observe that the convict’s last day in prison is 8/8/2022 from the Prison’s records. He may have served the sentence with remission. I declined Sentence Review and mark the file as closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THDAY OF AUGUST, 2022R.E. ABURILIJUDGE