[2019] KEHC 3867 (KLR)
The court held that the applicant failed to demonstrate any compelling reason or illegality in the sentence imposed by the trial court. The sentence of three and a half years imprisonment for attempted arson, considering the seriousness of the offence—attempting to burn a bank and theft from customers' accounts—was...
Source-derived case information.
- Citation
- [2019] KEHC 3867 (KLR)
- Parties
- Applicant: Sylvester Anyiko Majonjo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 23 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Attempted Arson, Bank Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvester Anyiko Majonjo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for attempted arson was excessive or warranted revision.
- 2 Whether the applicant should have pursued an appeal rather than a revision.
Ratio Decidendi
The court held that the applicant failed to demonstrate any compelling reason or illegality in the sentence imposed by the trial court. The sentence of three and a half years imprisonment for attempted arson, considering the seriousness of the offence—attempting to burn a bank and theft from customers' accounts—was both lawful and lenient. The proper avenue for challenging the sentence was by way of appeal, not revision. Consequently, the application for revision was declined and dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SIAYA CR. REV. NO. 23 OF 2019
SYLVESTER ANYIKO MAJONJO............................................APPLICANT
VERSUS
REPUBLIC ...............................................................................RESPONDENT
(Being an application for revision of sentence in in Bondo PMCRC No. 476 of 2017 dated 21. 3.2019 before Hon. E.N. WASIKE - SRM).
RULING
1 I have considered the application for revision of sentence of three and a half (3½) years imprisonment for the offence of attempted arson.
2 The Applicant should have appealed against sentence. There is no compelling reason for revision of the lenient and lawful sentence considering the serious offence where the applicant convict attempted to burn a whole bank and after he stole money from customers’ accounts of the Equity Bank.
3 I decline the application and dismiss it.
4 File closed.
DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R.E. ABURILI
JUDGE