[2023] KEHC 27091 (KLR)
The court held that the applicant had already benefited from sentence review on two previous occasions, including a reduction from the mandatory death sentence to a term of imprisonment. The judge found no basis for exercising further discretion in the applicant's favour, especially since the applicant was not...
Source-derived case information.
- Citation
- [2023] KEHC 27091 (KLR)
- Parties
- Applicant: Titus Owino Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E073 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Robbery With Violence, Penal Code Section 296 2, Rehabilitation, Discretion in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Owino Okello
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a further review of sentence after previous reductions.
- 2 Whether the court should exercise discretion to reduce the sentence further given the applicant's claim of rehabilitation.
Ratio Decidendi
The court held that the applicant had already benefited from sentence review on two previous occasions, including a reduction from the mandatory death sentence to a term of imprisonment. The judge found no basis for exercising further discretion in the applicant's favour, especially since the applicant was not subjected to the mandatory death sentence under Section 296(2) of the Penal Code. The application was found to be without merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for further review of sentence is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Okello v Republic (Miscellaneous Criminal Application E073 of 2023) [2023] KEHC 27091 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27091 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E073 of 2023
RE Aburili, J
December 18, 2023
Between
Titus Owino Okello
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Case No 534 of 2018 at Maseno)
Ruling
1. The Applicant Titus Owino Okello was convicted of the offence of Robbery with violence contrary to Section 296(2) of thePenal Code and sentenced to serve fifteen (15) years imprisonment vide Maseno SPM Criminal Case No. 534 of 2019.
2. He claims that he appealed to this court vide Kisumu HCCRA No. 49 of 2019 which was dismissed.
3. He then applied under Section 333(2) of theCriminal Procedure Code vide HCCR Misc. No. E027 of 2021 and the sentence was reduced to ten (10) years imprisonment.
4. He now claims that he is rehabilitated and wants a further review of sentence to a lesser severe sentence.
5. I have considered the application. The Applicant/Convict has already benefitted from Sentence Review twice. I am unable to exercise any further discretion considering that he was not given the Mandatory death sentence under Section 296(2) of the Penal Code.
6. I find this application devoid of any merit. It is hereby dismissed.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF DECEMBER, 2023R. E. ABURILIJUDGE