[2024] KEHC 12050 (KLR)
The court found that while the offence of grievous harm is serious and the complainant suffered a maim, the applicant's guilty plea and the favourable probation officer's report warranted a reduction in sentence. The original sentence of ten years imprisonment was deemed excessive in the circumstances. The court...
Source-derived case information.
- Citation
- [2024] KEHC 12050 (KLR)
- Parties
- Applicant: Samwel Poghisio; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; ten years imprisonment set aside and substituted with six years imprisonment.
- Judges
- RPV Wendoh
- Legal Topics
- Sentencing, Grievous Harm, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Poghisio
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of ten years imprisonment for the offence of grievous harm was excessive in light of the favourable probation officer's report.
- 2 Whether the sentence should be revised considering the applicant's guilty plea and the circumstances of the offence.
Ratio Decidendi
The court found that while the offence of grievous harm is serious and the complainant suffered a maim, the applicant's guilty plea and the favourable probation officer's report warranted a reduction in sentence. The original sentence of ten years imprisonment was deemed excessive in the circumstances. The court exercised its revisionary jurisdiction to set aside the ten-year sentence and substitute it with a six-year term, balancing the need for punishment with the mitigating factors present.
Court Disposition
Sentence revised; ten years imprisonment set aside and substituted with six years imprisonment.
Orders
- The sentence of ten years imprisonment is set aside.
- The applicant is sentenced to six years imprisonment commencing 17/4/2023.
Full Case Text
Judgment text and source record
17 paragraphs
Poghisio v State (Criminal Revision E036 of 2024) [2024] KEHC 12050 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12050 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Revision E036 of 2024
RPV Wendoh, J
September 30, 2024
Between
Samwel Poghisio
Applicant
and
State
Respondent
Ruling
1. Samwel Poghisio was charged with the offence of Grievous harm contrary to section 234 of the PC. He was alleged to have done grievous harm to Owen Rotich. He pleaded guilty to the charge and was sentenced to ten (10) years imprisonment.
2. I have noted that a Probation Officers report was filed which was favourable to release of the accused on probation. The complainant is said to have suffered a maim. In my view, Probation would have been too lenient. However, having pleaded guilty, and the Probation Officers Report being favourable, I think that ten (10) years was on the higher side. For that reason, I hereby revise the sentence. I set aside ten (10) years imprisonment and substitute it with six (6) years.Imprisonment to commence on 17/4/2023. It is so ordered.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:In person - Appellant.Majale for the State.Court Assistants – Juma/Hellen