[2023] KEHC 25768 (KLR)
The court found that the applicant was properly convicted and sentenced for the offence of grievous harm, with the sentence of 10 years imprisonment being within the legal limits set by section 234 of the Penal Code. The applicant failed to demonstrate any incorrectness, illegality, or impropriety in the sentence as...
Source-derived case information.
- Citation
- [2023] KEHC 25768 (KLR)
- Parties
- Applicant: Samson Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E095 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Grievous Harm, Criminal Procedure Code Section 364, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Odhiambo Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant has demonstrated any incorrectness, illegality or impropriety in the sentence imposed by the trial court.
- 2 Whether the High Court should exercise its revisionary jurisdiction to alter the applicant's sentence.
Ratio Decidendi
The court found that the applicant was properly convicted and sentenced for the offence of grievous harm, with the sentence of 10 years imprisonment being within the legal limits set by section 234 of the Penal Code. The applicant failed to demonstrate any incorrectness, illegality, or impropriety in the sentence as required for the court to exercise its revisionary jurisdiction under section 362 of the Criminal Procedure Code. Consequently, the application for revision was found to be incompetent and lacking in merit, and was dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed wholly.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E095 of 2023) [2023] KEHC 25768 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25768 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E095 of 2023
DO Ogembo, J
November 23, 2023
Between
Samson Odhiambo Otieno
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Samson Odhiambo Otieno has filed an application herein dated 23-6-2023. The same seeks revision of his sentence to a less severe sentence.
2. The applicant has deponed that he has rehabilitated. His application is made under section 364 of the Criminal Procedure Code. The Prosecution opposes this application on grounds that the applicant can only appeal.
3. I have considered the application of the appellant. I have also considered the record of proceedings of the trial court. The applicant was charged with the offence of grievous harm contrary to section 234 of the Penal Code. On 2/3/2021, he was sentenced to serve 10 years imprisonment.
4. Section 234 of the Penal Code under which the applicant was charged provides;“Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for 14 years.”
5. In light of the above, it is clear that the sentence of the applicant was both legal and proper.
6. This court derives its powers of revision under section 362 of the Criminal Procedure Code. And it is encumbent upon the applicant to show the incorrectness, illegality or impropriety of the order, sentence or finding of the lower court for the court to invoke its powers of revision.
7. The applicant herein has not shown any such incorrectness, illegality or impropriety in the aggrieved sentence of the trial court.
8. I therefore find this application totally incompetent and lacking in any merit. I dismiss the same wholly. It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE23. 11. 2023Court:Ruling read out in Open court in the presence of the applicant and Ms. Mumu for State.D.O. OGEMBOJUDGE23. 11. 2023