[2022] KEHC 16856 (KLR)
The court found no basis to interfere with the sentence imposed by the trial court, as the sentence of ten years for manslaughter was within the statutory limits and not manifestly excessive or illegal. The applicant had not demonstrated any error, illegality, or impropriety in the sentence that would warrant...
Source-derived case information.
- Citation
- [2022] KEHC 16856 (KLR)
- Parties
- Applicant: Dennis Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E055 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentence Revision, 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
Dennis Omondi Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence for manslaughter should be revised.
Ratio Decidendi
The court found no basis to interfere with the sentence imposed by the trial court, as the sentence of ten years for manslaughter was within the statutory limits and not manifestly excessive or illegal. The applicant had not demonstrated any error, illegality, or impropriety in the sentence that would warrant revision under the court's revisional jurisdiction. Accordingly, the application for sentence revision was declined.
Court Disposition
application for sentence revision declined
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Criminal Revision E055 of 2022) [2022] KEHC 16856 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16856 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E055 of 2022
RE Aburili, J
December 22, 2022
Between
Dennis Omondi Otieno
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. 1002 of 2016 delivered by Hon. C.A. Okore, Senior Resident Magistrate on 24. 8.2017)
Ruling
1. On August 24, 2017, the convict herein Dennis Omondi Otieno was sentenced to serve ten (10) years imprisonment for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, after a full hearing.
2. He has served only 5 years of the 10 years imprisonment.
3. I decline to revise his sentence.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R.E. ABURILIJUDGE