[2022] KEHC 12815 (KLR)
The court found that the sentence of 2 years imprisonment imposed on the applicant for grievous harm was lenient considering the gravity of the offence, the vulnerability of the 6-year-old victim, and the circumstances of domestic violence. The court noted that the applicant had previously sought sentence revision,...
Source-derived case information.
- Citation
- [2022] KEHC 12815 (KLR)
- Parties
- Applicant: Stephen Onyango Ongonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E041 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application for sentence revision declined; file closed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Penal Code Section 234, Domestic Violence, Child Victims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Onyango Ongonga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the sentence imposed on the applicant for grievous harm was appropriate given the gravity of the offence.
- 2 Whether there are grounds to revise or reduce the applicant's sentence.
Ratio Decidendi
The court found that the sentence of 2 years imprisonment imposed on the applicant for grievous harm was lenient considering the gravity of the offence, the vulnerability of the 6-year-old victim, and the circumstances of domestic violence. The court noted that the applicant had previously sought sentence revision, which was declined after review of the sentence report. No new sentence review report was filed, and the applicant was already due for release, potentially rendering the application moot. The court therefore declined the request for sentence revision and ordered the file closed.
Court Disposition
application for sentence revision declined; file closed
Orders
- The request for sentence revision is declined.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ongonga v Republic (Criminal Revision E041 of 2022) [2022] KEHC 12815 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12815 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E041 of 2022
RE Aburili, J
August 8, 2022
Between
Stephen Onyango Ongonga
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E163/2021 by Hon. S.W. Mathenge, Resident Magistrate on 6/4/2022 AND Siaya HC Criminal Revision No. E036 of 2021)
Ruling
1. I have perused the trial court record where the convict was sentenced to serve 2 years imprisonment for the offence of grevious harm contrary to section 234 of the Penal Code. The victim was a minor aged 6 years and he suffered near fatal injuries inflicted by the convict in domestic gender based violence incident, with his wife being the initial target. The convict applied to this court for sentence revision vide HCCR Revision E036/2021 but this court declined the request after perusing the sentence review report.
2. The sentence imposed on him was so lenient compared to the gravity of the offence which carries upto to life imprisonment.
3. The convict is due for release on March 1, 2023 but if he exhibits good behavior, he may have been released by July 2, 2022 on remission. No sentence review report is filed, nonetheless. The request may have been overtaken by events. It is declined.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022RE ABURILIJUDGE