[2023] KEHC 23933 (KLR)
The court found that the applicant, Erick Otieno Anjejo, was unsuitable for a non-custodial sentence based on the probation report, which highlighted his violent behavior, homelessness, and lack of family support. The report indicated that a non-custodial sentence would serve no useful purpose as the applicant had...
Source-derived case information.
- Citation
- [2023] KEHC 23933 (KLR)
- Parties
- Applicant: Erick Otieno Anjejo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined. Original custodial sentence upheld.
- Judges
- RE Aburili
- Legal Topics
- Assault, Sentencing, Non Custodial Sentences, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Otieno Anjejo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence.
- 2 Whether the custodial sentence imposed should be revised.
Ratio Decidendi
The court found that the applicant, Erick Otieno Anjejo, was unsuitable for a non-custodial sentence based on the probation report, which highlighted his violent behavior, homelessness, and lack of family support. The report indicated that a non-custodial sentence would serve no useful purpose as the applicant had sold his house, spent the proceeds on alcohol, and was not accepted back by his family. Consequently, the court declined to revise the custodial sentence and upheld the original sentence imposed by the trial court.
Court Disposition
Application for revision of sentence declined. Original custodial sentence upheld.
Orders
- The application for revision is declined.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Anjejo v Republic (Criminal Revision E068 of 2023) [2023] KEHC 23933 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23933 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E068 of 2023
RE Aburili, J
October 6, 2023
Between
Erick Otieno Anjejo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. 266 of 2023 at Nyando)
Ruling
1. The convict is serving two (2) years imprisonment for assaulting his own biological father and is reported to be violent and homeless as he sold his own house and utilised all the money to drinking alcohol after which he returned home and demanded to sleep in his brother’s house with a woman and when his brother resisted, he attacked him.
2. His father intervened and then he turned onto his father, assaulting him. The family do not accept him back home and therefore non-custodial sentence will not serve any useful purpose, according to the Probation Report filed on August 23, 2023.
3. Accordingly, I find the convict Erick Otieno Anjejo unsuitable for non-custodial sentence.
4. I decline to revise the sentence.
5. This file is closed.
6. I so order
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE