Odul v Republic [2024] KEHC 11906 (KLR)

Odul v Republic (Miscellaneous Criminal Application E091 of 2023) [2024] KEHC 11906 (KLR) (27 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11906 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E091 of 2023

RE Aburili, J

September 27, 2024

Between

Christopher Okinda Odul

Applicant

and

Republic

Respondent

(Being an Application for review of Convictionand sentence from conviction of Bondo PM’s Court vide Criminal Case No. 913 of 2019 delivered by Hon. JP Nandi, PM on 8/7/2020)

Ruling

1. The Applicant Christopher Okinda Odul was convicted of the offence of grievous harm contrary to Section 234 of the Penal Code and sentenced to serve 10 years imprisonment vide Bondo SPM Cr. Case No. 913/2019 on 8/7/2020. He now applies for sentence revision.

2. I have considered the application and also perused the lower court proceedings and judgment.

3. From the evidence adduced, the applicant seriously attacked the complainant leading to amputation of left forearm and the complainant is left with stump fashioning.

4. The applicant attacked the 1st complainant with a panga unprovoked and the 2nd complainant only intervened only for the applicant to chop off his hand. The attack was cruel and dehumanizing. The convict deserved life imprisonment but was only given 10 years which was a slap on the wrist compared to the debilitating injuries suffered by a 51-year-old complainant.

5. I find no reason to review lawful extremely lenient sentence which could have been enhanced on appeal. The application filed on 5/10/2023 is found to be devoid of any merit and is hereby dismissed.

6. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE