[2024] KEHC 15111 (KLR)

Source-derived case information.

Citation: [2024] KEHC 15111 (KLR)
Parties: Applicant: Republic; Respondent: Sospeter Onyango Dacha; Respondent: Jacob Ochola Dacha
Court: High Court
Court Station: High Court at Siaya
Jurisdiction: Kenya
Case Number: Criminal Revision E116 of 2023
Procedural Posture: Criminal Revision / Ruling on Application to Set Aside Sentence
Outcome: sentence set aside and matter remitted for proper sentencing
Judges: RE Aburili
Legal Topics: Sentencing Procedure, Irregular Sentencing, Section 200 Criminal Procedure Code, Pre Sentence Report, Mitigation Hearing
Source Language: en

Criminal Law Civil Procedure Sentencing Procedure Irregular Sentencing Section 200 Criminal Procedure Code Pre Sentence Report Mitigation Hearing

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Republic

Applicant

Sospeter Onyango Dacha

Respondent

Jacob Ochola Dacha

Respondent

Procedural Posture

Criminal Revision / Ruling on Application to Set Aside Sentence

Legal Issues

1 Whether the sentence pronounced by Hon. Nandi, SPM, was irregular for failing to comply with the proper sentencing procedure under Section 200 of the Criminal Procedure Code.
2 Whether the court that did not hear mitigation and was not the trial magistrate could lawfully sentence the convicts.

Ratio Decidendi

The court held that the sentence imposed by Hon. Nandi, SPM, was irregular because the trial magistrate, Hon. S. Mathenge, who had heard the evidence, was still available and had not yet received mitigation or considered the presentence report as previously ordered. The procedure under Section 200 of the Criminal Procedure Code, which governs situations where a different magistrate takes over a case, was not followed. As a result, the sentence was set aside and the matter remitted to the original trial magistrate to hear mitigation, consider the presentence report, and pronounce a lawful sentence, taking into account time already served.

Court Disposition

sentence set aside and matter remitted for proper sentencing

Orders

The sentence of 2 years pronounced by Hon. Nandi, SPM, on 25/5/2023 is set aside and vacated.
The entire file is to be transmitted to Hon. S. Mathenge, SRM, to hear full mitigation and consider the presentence report before pronouncing sentence.

Full Case Text

Judgment text and source record

20 paragraphs

Republic v Dacha & another (Criminal Revision E116 of 2023) [2024] KEHC 15111 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15111 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E116 of 2023

RE Aburili, J

November 22, 2024

Between

Republic

Applicant

and

Sospeter Onyango Dacha & another & another

Respondent

Ruling

1. Sospeter Onyango and Jacob Ochola Dacha are convicts in Bondo PM Cr. Case No E1658/2021 where he was charged with the offence of assault causing actual bodily harm to Dan Onyango Amollo and after full trial before Hon. S. Mathenge, and as the court was waiting for a pre-sentence report, Hon. Mathenge got bereaved. The matter then came up for mention before the SPM Hon. Nandi who proceeded to sentence the convict yet the trial magistrate was still serving in the station and had not heard the mitigation before sentence could be pronounced.

2. The ODPP have applied to set aside the sentence for being irregularly pronounced and I agree entirely. The court which heard the evidence for the prosecution and defence was available though bereaved. It had not considered the presentence report as ordered to guide on the appropriate sentence. It was premature for Hon. Nandi to take over the matter and sentence the convicts herein without following the laid down procedure under Section 200 of the Criminal Procedure Code.

3. Accordingly, I find the orders made by Hon. Nandi, SPM to be irregular. The request for sentence revision is found to be merited. I hereby allow the request dated 29/8/2023 and set aside and vacate the sentence of 2 years pronounced by Hon. Nandi SPM on 25/5/2023 and order that the entire file be transmitted to Hon. S. Mathenge, SRM to the court station where she was transferred, to hear full mitigation by the convicts and to consider the presentence report filed by the probation officer on 25/5/2023 before pronouncing appropriate sentence as by law provided, which sentence shall, off course, take into account the period already spent in custody by the accused persons/convicts herein.

4. This ruling to be printed and submitted to the Chief Magistrate, Bondo Law Courts, Hon. Dr. Ogoti for appropriate action and the convicts to be notified to appear in court. I so order.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E . ABURILIJUDGE

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.