[2023] KEHC 2288 (KLR)
The court found that since the convicts had not lodged any application for sentence review, and only a short period had elapsed since the sentence was imposed, there was no basis for the court to intervene or review the sentence at this stage. The file was therefore ordered closed as there was no pending application...
Source-derived case information.
- Citation
- [2023] KEHC 2288 (KLR)
- Parties
- Applicant: Dennis Omondi; Applicant: Steven Biko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E106 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Status
- Outcome
- File closed; no sentence review application lodged; no orders on sentence revision.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Assault Causing Actual Bodily Harm, Reckless and Negligent Acts, Penal Code Section 243, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Omondi
Applicant
Steven Biko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Status
Legal Issues
- 1 Whether the applicants are entitled to a review of their sentences at this stage.
- 2 Whether any application for sentence review has been lodged by the convicts.
Ratio Decidendi
The court found that since the convicts had not lodged any application for sentence review, and only a short period had elapsed since the sentence was imposed, there was no basis for the court to intervene or review the sentence at this stage. The file was therefore ordered closed as there was no pending application or issue for determination.
Court Disposition
File closed; no sentence review application lodged; no orders on sentence revision.
Orders
- No sentence review application having been lodged, the file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Omondi & another v Republic (Criminal Revision E106 of 2022) [2023] KEHC 2288 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2288 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E106 of 2022
RE Aburili, J
March 23, 2023
Between
Dennis Omondi
1st Applicant
Steven Biko
2nd Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E178 of 2021 in the Chief Magistrate’s Court at Kisumu delivered on 16th November 2022)
Ruling
1. The Convicts herein Dennis Omondi and Steven Biko were convicted vide Kisumu Criminal Case No E178 of 2021 of the offences of assault causing actual bodily harm and reckless and negligent acts causing harm contrary to Section 243(d) of thePenal Code.
2. They were sentenced to serve twelve (12) months imprisonment on the second count and eighteen (18) months imprisonment on the 3rd count. Sentences to run concurrently. The conviction and sentence order was rendered made on November 16, 2022.
3. On December 21, 2022, the Court directed that review of sentence be made later as the inmate had been in prison for only one (1) month.
4. The convict has not lodged any sentence review application for consideration.
5. This file is now closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MARCH, 2023R. E. ABURILIJUDGE