[2024] KEHC 10217 (KLR)
The court found that there was no new material or legal basis presented by the applicant to justify a review of the sentence. The applicant's claims of reformation and acquisition of life skills, while commendable, do not constitute sufficient grounds for the court to interfere with the sentence of life imprisonment...
Source-derived case information.
- Citation
- [2024] KEHC 10217 (KLR)
- Parties
- Applicant: Isaack Omondi Osewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E113 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing Review, Life Imprisonment, Sentence Commutation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Omondi Osewe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the High Court has grounds to review the applicant's sentence of life imprisonment for robbery with violence.
- 2 Whether the applicant's alleged reformation and acquisition of life skills in prison justify a reduction of sentence.
Ratio Decidendi
The court found that there was no new material or legal basis presented by the applicant to justify a review of the sentence. The applicant's claims of reformation and acquisition of life skills, while commendable, do not constitute sufficient grounds for the court to interfere with the sentence of life imprisonment imposed for the offence of robbery with violence. The application for sentence review was therefore declined and dismissed.
Court Disposition
application dismissed
Orders
- The application dated July 1, 2024 is declined and dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Osewe v Republic (Criminal Revision E113 of 2024) [2024] KEHC 10217 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10217 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E113 of 2024
RE Aburili, J
August 12, 2024
Between
Isaack Omondi Osewe
Applicant
and
Republic
Respondent
Ruling
1. The applicant is a convict for the offence robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death which sentence was commuted to life imprisonment. he appealed vide Kisumu HCRA No. 100 of 2016 which appeal was dismissed. He appealed to the Court of Appeal vide CoA Criminal Appeal No. 116 OF 2022 which appeal was also dismissed and so he is before this court for sentence review because he has reformed after being in prison for 11 years and taken various steps to reform. That he has acquired life skills in prison.
2. The applicant prays for lenient sentence.
3. I have considered the application and the grounds and supporting statement. I do not find any material upon which this court can review the sentence imposed. The application dated July 1, 2024 is declined and dismissed.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE