Odhiambo v Republic [2022] KEHC 16843 (KLR)

Odhiambo v Republic (Criminal Revision E080 of 2022) [2022] KEHC 16843 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16843 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E080 of 2022

RE Aburili, J

December 20, 2022

Between

Lucas Maganga Odhiambo

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E220 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 20. 7.2022)

Ruling

1. The convict Lucas Maganga Odhiambo is, according to the presentence report, unfit for non-custodial sentence.

2. He was sentenced to a lenient sentence of 3 years imprisonment for the offence of grievous harm.

3. Although he pleaded guilty, the injuries sustained by the victim border on attempted murder as a panga was used to cut the victim who nearly died.

4. I decline to revise the lenient sentence.

5. File closed.

6. I so order.

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