[2018] KEHC 4818 (KLR)
The court found that, although the original sentence was properly imposed, the appellant's demonstrated remorse, the pleas by his family and community, and the positive post sentence review report constituted sufficient grounds to interfere with the sentence. The court considered that the appellant had already...
Source-derived case information.
- Citation
- [2018] KEHC 4818 (KLR)
- Parties
- Appellant: Dickson Onani Ogito; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Sentence of imprisonment set aside and substituted with two years probation. Appellant released unless otherwise lawfully held.
- Judges
- DAS Majanja
- Legal Topics
- Attempted Murder, Sentencing Review, Plea of Guilty, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dickson Onani Ogito
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 13 years imprisonment for attempted murder should be reviewed in light of the appellant's remorse and community support.
- 2 Whether the appellant should be released on probation given the circumstances.
Ratio Decidendi
The court found that, although the original sentence was properly imposed, the appellant's demonstrated remorse, the pleas by his family and community, and the positive post sentence review report constituted sufficient grounds to interfere with the sentence. The court considered that the appellant had already served three years in prison and that the community was prepared to accept him back. In the interests of justice and rehabilitation, the court set aside the custodial sentence and substituted it with a two-year probation order, allowing the appellant to reintegrate into society and care for his family.
Court Disposition
Sentence of imprisonment set aside and substituted with two years probation. Appellant released unless otherwise lawfully held.
Orders
- The sentence of 13 years imprisonment is set aside.
- The appellant is sentenced to two years probation from the date of judgment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 6 OF 2018
DICKSON ONANI OGITO........APPELLANT
VERSUS
REPUBLIC...............................RESPONDENT
(Appeal from the original conviction and sentence of Hon. G.K Kimutai – SRM dated 26th February 2015 at the Chief Magistrate’s Court at Kisii in Criminal Case No. 613 of 2015)
JUDGMENT
1. The appellant, DICKSON ONANI OGITO, was charged, convicted and sentenced to 13 years for the offence of attempted murder contrary to section 220(a) of the Penal Code. The particulars were that on 23rd February 2015 at Nyosia Village in Kisii Central District within Kisii County he attempted unlawfully to cause the death of FO, by cutting bother hands and legs with intent to kill her.
2. The appellant appealed against both conviction and sentence although he was convicted on his own plea of guilty. At the hearing of this appeal, he abandoned this appeal on conviction and urged the court to review the sentence. He told the court that he was remorseful and had learnt his lesson.
3. The appellant’s family members including his wife, brother in law, uncles and church members attended court and urged the court to release the appellant.
4. I called for a post sentence review report. The report dated 3rd August 2018 showed that the appellant was remorseful and the community was ready to accept him back so that he can take care of his family.
5. Although, I would not ordinarily interfere with a properly imposed sentence, I am satisfied that the appellant is remorseful and in view of pleas by the family members and community, I am prepared to give the appellant a chance to make up for his sins. I take into account that he has spent three years in prison.
6. Accordingly, I set aside the sentence of imprisonment and substitute it with two years probation from the date of this judgment. The appellant is set free unless otherwise lawfully held.
Dated and delivered at Kisii this 3rd day of August 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellant in person.