[2020] KEHC 3895 (KLR)
The court found that the sentence of three years' imprisonment for attempted arson was lawful and, if anything, lenient, given the gravity of the offence and the risk to the complainant's children. The applicant's personal circumstances, including her health and domestic issues, did not outweigh the seriousness of...
Source-derived case information.
- Citation
- [2020] KEHC 3895 (KLR)
- Parties
- Applicant: JAO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 60 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Attempted Arson, Criminal Liability, Mitigation, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JAO
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for attempted arson should be revised.
- 2 Whether the circumstances of the offence and the applicant's personal situation warrant a reduction or alteration of the sentence.
Ratio Decidendi
The court found that the sentence of three years' imprisonment for attempted arson was lawful and, if anything, lenient, given the gravity of the offence and the risk to the complainant's children. The applicant's personal circumstances, including her health and domestic issues, did not outweigh the seriousness of the offence or justify a reduction in sentence. The court emphasized the need for rehabilitation and reformation, which could be achieved during the applicant's imprisonment. Accordingly, the application for revision was dismissed and the original sentence upheld.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 60 OF 2020
JAO..........................APPLICANT
VERSUS
REPUBLIC.........RESPONDENT
(Being an Application for Revision of sentence in Cr. Case No. 852 of 2018 in the Principal Magistrate’s Court, Bondo dated 29. 10. 2019 before Hon. E.N. Wasike, Senior Resident Magistrate)
RULING
1. I have considered the Application for sentence revision.
2. I have considered the offence for which the convict applicant JAO was convicted on her own plea of guilty.
3. The offence was attempted arson but from the facts of the offence, the convict was in a way attempting suicide and wanted to die with the complainant’s young children by locking them in a house where she was and setting the house on fire. The children are lucky to be alive and so is the convict.
4. The Probation Report as filed shows that the convict had issues with her husband. She is also HIV positive and that she loiters here and there.
5. The offence could have been worse - murder and suicide, had she succeeded in her vengeance.
6. The complainant’s children are not responsible for convict’s woes. The convict is a young adult who must learn to be a responsible person. She requires life’s skills which she can get from prison as she was imprisoned on short term. Three (3) years imprisonment is too lenient as she did not even mitigate.
7. She requires serious rehabilitation and reformation. She can learn many skills which will help her in her future life, while she is in prison.
8. For the above reasons, I decline to revise the lawful lenient sentence imposed on her by the trial court.
9. The application for sentence revision is dismissed.
10. File closed.
Dated, signed and Delivered at Siaya, this 24th Day of July 2020.
R.E. ABURILI
JUDGE