[2020] KEHC 1444 (KLR)
The court found that the applicant was convicted of grievous harm, an offence punishable by up to life imprisonment. The sentence of five years was considered lenient given the gravity of the injuries inflicted on the victim, which included fractures and cut wounds. The applicant did not present any mitigating...
Source-derived case information.
- Citation
- [2020] KEHC 1444 (KLR)
- Parties
- Appellant: Stephen Ochieng Majiwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E0 15 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ochieng Majiwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of grievous harm should be revised under the prison decongestion initiative.
Ratio Decidendi
The court found that the applicant was convicted of grievous harm, an offence punishable by up to life imprisonment. The sentence of five years was considered lenient given the gravity of the injuries inflicted on the victim, which included fractures and cut wounds. The applicant did not present any mitigating factors to justify a reduction or revision of the sentence. Consequently, the court held that there was no merit in the application for sentence revision and dismissed it, affirming the original sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E0 15 OF 2020
STEPHEN OCHIENG MAJIWA.....APPELLANT
AND
REPUBLIC.......................................RESPONDENT
(Application for sentence revision from Siaya PM CR Case No 324 of 2016 sentence passed by Hon J.O.Ongondo, Principal Magistrate on 13/12/2017)
RULING
1. On 13. 12. 2017 the Convict Stephen Ochieng was convicted of the offence of grievous harm contrary to Section 234 of the Penal Code and sentenced to serve 5 years imprisonment. He did not appeal. He now seeks for sentence Revision under Prison decongestion.
2. The offence for which he was convicted and sentenced carries up to life imprisonment. Five (5) years imprisonment was too lenient as the victim sustained very serious injuries involving fractures and cut wounds.
3. I find the application not merited as there are no mitigating factors.
4. I decline the application and dismiss it.
5. File closed.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya This 25th day of November, 2020
R.E. ABURILI
JUDGE