Onditi v Republic [2024] KEHC 11280 (KLR)

Onditi v Republic (Criminal Revision E141 of 2024) [2024] KEHC 11280 (KLR) (24 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11280 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E141 of 2024

RE Aburili, J

September 24, 2024

Between

Isaac Otieno Onditi alias Job Jobita

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Winam Senior Principal Magistrate Criminal Case No. E122 of 2023)

Ruling

1. The Applicant was convicted and sentenced to serve ten (10) years imprisonment on 14th June 2023 vide Winam SPM Criminal Case No. E122 of 2023 for the offence of grievous harm contrary to Section 234 of the Penal Code.

2. He now applies for sentence review claiming he has undergone rehabilitation and reform programs and ready to be integrated in the society.

3. I have considered the application. The offence of grievous harm carries up to life imprisonment upon conviction.

4. The trial court was so lenient with 10 years’ imprisonment term. I find no reason to review the lawful lenient sentence imposed on the applicant/convict Isaac Otieno Onditi alias Job Jobita.

5. The application for sentence review is hereby declined and dismissed.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE