[2019] KEHC 3849 (KLR)
The court found that the sentence of 6 years imprisonment for manslaughter was lawful and, in fact, lenient given that the offence carries a maximum penalty of life imprisonment. There was no illegality, incorrectness, or impropriety in the sentence imposed by the trial court. The loss of life was a significant...
Source-derived case information.
- Citation
- [2019] KEHC 3849 (KLR)
- Parties
- Applicant: Wycliff Otieno Ogonji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 279 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliff Otieno Ogonji
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 6 years imprisonment for manslaughter was lawful and warranted revision.
Ratio Decidendi
The court found that the sentence of 6 years imprisonment for manslaughter was lawful and, in fact, lenient given that the offence carries a maximum penalty of life imprisonment. There was no illegality, incorrectness, or impropriety in the sentence imposed by the trial court. The loss of life was a significant factor, and the applicant failed to demonstrate any compelling reason for the court to interfere with the sentence. Accordingly, the application for revision was 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. 279 OF 2018
WYCLIFF OTIENO OGONJI....................................... APPLICANT
VERSUS
REPUBLIC ................................................................RESPONDENT
(Being an application for revision of sentence in Bondo PMCRC No. 1047 of 2014 dated 6. 6.2016 before M. OBIERO - PM).
RULING
1. The Applicant was on 26. 6.2016 convicted of Manslaughter and sentenced to serve 6 years imprisonment. The offence carries life imprisonment. T6 years imprisonment was lenient.
2. The same was lawful. Considering that a life was lost, I find no compelling reasons to review the sentence.
3. The application for revision of sentence is hereby dismissed. File closed.
4. Orders accordingly.
DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R.E. ABURILI
JUDGE