[2024] KEHC 13385 (KLR)
The court found that the applicant had not demonstrated any legal grounds to warrant a revision of the 20-year sentence for manslaughter, which had already been upheld on appeal. Remorse and the claim of provocation, in the absence of new or compelling legal reasons, do not suffice to justify sentence reduction. The...
Source-derived case information.
- Citation
- [2024] KEHC 13385 (KLR)
- Parties
- Applicant: Leonard Owino Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E005 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Manslaughter, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Owino Opondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for review of sentence under the law.
- 2 Whether remorse and provocation are valid bases for reduction of a sentence already upheld on appeal.
Ratio Decidendi
The court found that the applicant had not demonstrated any legal grounds to warrant a revision of the 20-year sentence for manslaughter, which had already been upheld on appeal. Remorse and the claim of provocation, in the absence of new or compelling legal reasons, do not suffice to justify sentence reduction. The statutory maximum for manslaughter is life imprisonment, and the sentence imposed was within the legal limits. Accordingly, the application for review was dismissed as devoid of merit.
Court Disposition
application dismissed
Orders
- The application dated 2/1/2024 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Opondo & another v Republic & another (Criminal Miscellaneous Application E005 of 2024) [2024] KEHC 13385 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13385 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E005 of 2024
RE Aburili, J
October 22, 2024
Between
Leonard Owino Opondo
1st Applicant
Leonard Owino Opondo
2nd Applicant
and
Republic
1st Respondent
Republic
2nd Respondent
Ruling
1. The applicant Leonard Owino Opondo is a convict in Ukwala SRM Criminal Case No. 34/2014 and Siaya SPM Criminal Case No. 157/2016. He was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. he was sentenced to serve twenty (20) years imprisonment.
2. He appealed vide Siaya HCCRA 147/2016 which appeal against conviction and sentenced was dismissed on 30/5/2018. He has applied vide his Notice of Motion dated 2/1/2024 for review of sentence on account that he is remorseful and that it is anger which provoked him to commit the offence. E promises to be an ambassador in anti-crime campaign given a change. I have considered the application by the convict.
3. The offence of manslaughter carries up to a maximum of life imprisonment. There are no reason in law for this court to revise the 20 years imprisonment as upheld on appeal.
4. I find the application dated 2/1/2024 devoid of any merit. It is hereby dismissed. File closed.
RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE