Menya & another v Republic [2022] KEHC 16744 (KLR)

Menya & another v Republic (Criminal Revision E132 of 2022) [2022] KEHC 16744 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16744 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E132 of 2022

RE Aburili, J

December 20, 2022

Between

Moses Odhiambo Menya

1st Applicant

Wycliffe Ojwaka

2nd Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 1675 of 2021 by Hon. S. Mathenge, Senior Resident Magistrate on 11/11/2022)

Ruling

1. The two convicts were sentenced to serve eight months and two months imprisonment respectively for the offence of grievous harm. The complainant lost two teeth. Maximum sentence is life imprisonment. I find the sentence imposed to be too lenient to revise, considering the serious offence that they committed and never admitted that they committed the offence, thereby taking the court and the complainant through the full trial.

2. I decline to revise the sentences imposed.

3. File closed.

4. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 20THDAY OF DECEMBER, 2022R.E. ABURILIJUDGE