[2020] KEHC 7137 (KLR)
The court found that the 3-year sentence imposed on the applicant for grievous harm was both lawful and lenient, especially considering the severe injuries suffered by the complainant. The judge emphasized that justice must also be served for the victim and that the sentence did not warrant revision. The applicant's...
Source-derived case information.
- Citation
- [2020] KEHC 7137 (KLR)
- Parties
- Applicant: Selvester Okwa Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence declined
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selvester Okwa Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for grievous harm was lawful and appropriate.
- 2 Whether there are sufficient grounds to revise the sentence imposed by the trial court.
Ratio Decidendi
The court found that the 3-year sentence imposed on the applicant for grievous harm was both lawful and lenient, especially considering the severe injuries suffered by the complainant. The judge emphasized that justice must also be served for the victim and that the sentence did not warrant revision. The applicant's conduct in prison and recommendation from the chaplain, while commendable, did not constitute sufficient grounds to interfere with the sentence. The application for revision was therefore declined, and the applicant was ordered to serve the full sentence imposed by the trial court.
Court Disposition
application for revision of sentence declined
Orders
- The application for revision of sentence is declined.
- The applicant shall serve the full prison sentence imposed by the trial court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 1 OF 2020
(CORAM: R. E. ABURILI - J.)
SELVESTER OKWA OCHIENG...............................................APPLICANT
VERSUS
REPUBLIC.................................................................................RESPONDENT
(Being an Application for revision of sentence vide Senior Resident Magistrate’s Court,
Ukwala Criminal Case No. 454 of 2018 dated 4. 12. 2018)
RULING
1. SELVESTER OKWA OCHIENG was convicted of the offence of grievous harm contrary toSection 234 of the Penal Code and sentenced to serve 3 years imprisonment on 4/12/2018. He has served about 1 year and four months of the prison term. While in prison he has learnt biblical studies and has filed a recommendation letter from the chaplain, Siaya G.K. Prison. He pleaded not guilty and the matter went to full trial.
2. Grievous harm carries up to life imprisonment upon conviction.
3. The 3 years imposed on his was lawful and very lenient considering the very serious injuries sustained by the complainant victim who deserves justice too and not justice in the form of a slap on the cheek. I find no reason to revise sentence in view of the debilitating injuries suffered by the victim complainant following the attack by the convict. I decline the request for sentence revision and order that the convict shall serve full prison sentence imposed by the trial court.
4. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI
JUDGE