[2015] KEHC 4318 (KLR)
The court found that there were no irregularities or illegalities in the lower court proceedings. The applicant's disability was in existence prior to sentencing and was duly considered by the trial court. Therefore, there was no basis for revising the sentence imposed. The application for revision lacked merit and...
Source-derived case information.
- Citation
- [2015] KEHC 4318 (KLR)
- Parties
- Applicant: Oscar Olala Makanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 189 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application dismissed
- Judges
- BT Jaden
- Legal Topics
- Sentence Review, Stealing Motor Vehicle, Mitigating Circumstances, Disability in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Olala Makanga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised on account of his health and disability.
- 2 Whether the trial court considered the applicant's disability during sentencing.
Ratio Decidendi
The court found that there were no irregularities or illegalities in the lower court proceedings. The applicant's disability was in existence prior to sentencing and was duly considered by the trial court. Therefore, there was no basis for revising the sentence imposed. The application for revision lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL REVISION NO. 189 OF 2014
OSCAR OLALA.............................APPLICANT
VERSUS
REPUBLIC..................................RESPONDENT
RULING ON REVISION
1. The Applicant, OSCAR OLALA MAKANGA was charged with the offence of stealing a motor vehicle contrary to Section 278A of the Penal Code. The particulars of offence are that on diverse dates between 29th day of November 2011 and 11th day of December 2011 at Kitengela Township in Kajiado County stole one motor vehicle registration No. KBE 395P make Toyota Hiace valued at Ksh 1,500,000/= (One million five hundred thousand) property of Vincent Alwaka.
2. After a full trial, the Applicant was convicted and sentenced to 31/2 years imprisonment.
3. The Applicant thereafter applied for the review of the sentence on grounds of health. In the affidavit in support of the application, it is stated that the applicant lost his right arm in an accident and has also developed blood pressure. The Applicant has also stated that he is the sole breadwinner of his family.
4. I have perused the lower court record. I have found no irregularities or illegalities in the same. The Applicants disability was in existence prior to the sentencing by the trial court. The same was taken into account by the trial court.
5. With the foregoing, the application has no merits and is dismissed.
B. THURANIRA JADEN
Dated and delivered at Machakos this 3rd day of June, 2015
B. THURANIRA JADEN
JUDGE