Case ID:178505

Michael Omondi Owago v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Revision E013 of 2021

Parties:

Michael Omondi Owago v Republic

Date Delivered:

30 Jun 2021

Case Class:

Criminal

Court:

High Court at Nyeri

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Michael Omondi Owago v Republic [2021] eKLR

Case History:

Being an Application for Revision of sentence in Siaya Principal Magistrate Court Cr. Case No. 1078 of 2018 on 08/11/2018 by Hon. T.M. Olando, Senior Resident Magistrate AND Siaya HC Cr. Appeal No. 65 of 2018 dated 9/7/2019

Court Division:

Criminal

County:

Siaya

History Docket No:

Cr. Case No. 1078 of 2018

History Magistrate:

T.M. Olando, Senior Resident Magistrate

History County:

Siaya

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. E013 OF 2021

CORAM: R.E. ABURILI, J

MICHAEL OMONDI OWAGO.................………...…........….......APPLICANT

VERSUS

REPUBLIC...............................….…….........................................RESPONDENT

(Being an Application for Revision of sentence in Siaya Principal Magistrate Court Cr. Case No. 1078 of 2018 on 08/11/2018 by Hon. T.M. Olando, Senior Resident Magistrate AND Siaya HC Cr. Appeal No. 65 of 2018 dated 9/7/2019)

RULING

1. The applicant Michael Omondi Owago was convicted of the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He appeared to this court vide HCRA 65 of 2018 which appeal was partially allowed. The conviction was upheld but sentence was reduced to 5 years imprisonment, after the appellant withdrew his appeal against conviction and mitigated.

2. He now wants the 5 years imprisonment reduced further through prison decongestion.

3. I have considered the Probation Officer’s report on sentence Review.

4. I find the request for sentence revision devoid of any merit or legal basis. The matter does not fall within Section 3(1) of the Community Service Orders Act for purposes of prison decongestion. This court cannot revise the sentence further, having exhausted its discretion and jurisdiction in the matter.

5. Accordingly, the application for sentence Revision is hereby declined and dismissed.

6. File closed.

7. Orders accordingly.

Dated, signed and Delivered at Siaya this 30

th

Day of June, 2021

R.E. ABURILI

JUDGE