Charles Omondi Aduol v Republic [2020] KEHC 7117 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. 7 OF 2020

(CORAM: R. E. ABURILI - J.)

CHARLES OMONDI ADUOL.....APPLICANT

VERSUS

REPUBLIC................................ RESPONDENT

(Being an Application for revision of sentence vide Senior Resident Magistrate’s Court, Ukwala vide Criminal Case No. 393 of 2018 dated 30. 8.2018 before Hon. G. Adhiambo, Senior Resident Magistrate)

RULING

1. The convict CHARLES OMONDI ADUOL was convicted and sentenced to serve five (5) years imprisonment for the offence of Manslaughter contrary to Section 202 as read with Section with Section 205 of the Penal Code.

2. This was on 30/8/2018.  He has not appealed against the conviction and sentence.  He seeks for sentence revision.  The offence of Manslaughter carries a maximum of life imprisonment upon conviction.

3. Five years imprisonment as imposed is lawful and very lenient.  A precious life was lost.  Despite the request and fresh mitigation that he seeks for forgiveness I am not persuaded that the applicant/convict merits sentence revision.  There are no new or exceptional circumstances that warrant reduction of sentence.

4. The Application is declined and dismissed.

5. The convict to serve full sentence imposed.

6. Orders accordingly.

Dated, signed and delivered at Siaya, this 19th Day of March 2020.

R.E. ABURILI

JUDGE