Atieno v Republic [2023] KEHC 20768 (KLR)

Atieno v Republic (Miscellaneous Criminal Application E056 of 2023) [2023] KEHC 20768 (KLR) (26 July 2023) (Revision)

Neutral citation: [2023] KEHC 20768 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E056 of 2023

DO Ogembo, J

July 26, 2023

Between

Agnes Atieno alias Night

Applicant

and

Republic

Respondent

(Arising from sentence meted in Siaya PM’s court Criminal Case No. 233 of 2020 on August 18, 2022. )

Revision

1The applicant, Agnes Atieno alias Night, has moved this court seeking revision of her sentence. Before the lower court, she had faced a charge of grevious harm contrary to section 234 of the Penal Code in Siaya PM’s court Criminal Case No. 233 of 2020 and sentence to serve 2 years imprisonment. The sentence was passed on August 18, 2022.

2The powers of this court on revision as stipulated under section 364(1)(a) of the Criminal Procedure Code as spelt as follows:“…….in the case of a conviction, exercise any of the powers conferred on it as a Court of appeal by sections 354, 357 and 358, and may enhance the sentence”

3Section 354(3)(5)(b), this court on appeal has the powers;“..in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence.”

4I have considered the circumstances of this case especially the fact that the incident took place between family members. I have also considered the sentence meted against the applicant, and the fact that she has served out a substantial part of the same. I am convinced that this is a case deserving of revision of sentence.

5I accordingly order the sentence of the applicant be reduced to the period she has already served. I therefore order that the applicant be released forthwith unless lawfully held. It is so ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 26THDAY OF JULY, 2023D.O. OGEMBOJUDGE26. 7.2023Court:Ruling read out in Open court in the presence of Applicant and Ms. Mumu for the State.D.O. OGEMBOJUDGE26. 7.2023