[2022] KEHC 12844 (KLR)
The court found that the sentence imposed by the trial court—a fine of Kshs. 100,000 in default three years imprisonment—was lenient considering the gravity of the offence and the severe injuries suffered by the victim, who was a university student and lost his left forearm. The applicant's inability to pay the...
Source-derived case information.
- Citation
- [2022] KEHC 12844 (KLR)
- Parties
- Applicant: Fredrick Onyango Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence dismissed. Applicant to serve remainder of prison term.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault, Aggravating Circumstances, Victim Injury
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Onyango Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was manifestly excessive or required revision.
- 2 Whether the applicant's health condition and inability to pay the fine justified a reduction or alteration of the sentence.
- 3 Whether the severity of the injuries inflicted on the victim warranted the sentence imposed.
Ratio Decidendi
The court found that the sentence imposed by the trial court—a fine of Kshs. 100,000 in default three years imprisonment—was lenient considering the gravity of the offence and the severe injuries suffered by the victim, who was a university student and lost his left forearm. The applicant's inability to pay the fine, his age, and health condition did not outweigh the aggravating circumstances of the case. The court emphasized that the pain and loss suffered by the victim could not be compensated by an apology, and the unwillingness of the victim's family to forgive the applicant further justified upholding the sentence. Consequently, the court declined to revise the sentence and ordered...
Court Disposition
Application for revision of sentence dismissed. Applicant to serve remainder of prison term.
Orders
- The application for revision of sentence is declined.
- The applicant Fredrick Onyango Otieno shall complete the remainder of the prison term in prison.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno v Republic (Criminal Revision E018 of 2022) [2022] KEHC 12844 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12844 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E018 of 2022
RE Aburili, J
August 8, 2022
Between
Fredrick Onyango Otieno
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence, arising from conviction and sentence in Ukwala PM’s Court Criminal Case No. 99 of 2020 delivered on 16/7/2021 by Hon. C.N. Sindani, Principal Magistrate)
Ruling
1. The convict is Fredrick Onyango Otieno. He was convicted and sentenced to pay a fine of Kshs. 100,000/= in default, to serve three years imprisonment. This was on 16/7/2021. He has now served one year in prison. The complainant George Otieno had his forearm amputated in the process of being assaulted as he assisted his father who had been attacked by the convict and others. The victim was a university student and was also left handed.
2. The convict is aged 56 years old. He has a chronic chest problem and is sickly.
3. I have considered the Sentence Review Report filed on 2/8/2022.
4. The victim of the offence is said to have died after being attacked the second time. However, the report does not state which victim is dead since from the evidence of the trial court record, there were more than one victim. One other victim of the attack was the father to George Otieno.
5. The convict is willing to seek forgiveness from the family of the victim. They are a family fighting over land. The victim sustained very severe injuries. The convict is unable to raise the fine imposed on him. He has served one year in prison. The family of the victim who was a university student are unwilling to forgive him. The student was left handed. His future is bleak and the pain suffered cannot be compensated by a mere apology. I decline to revise the very lenient sentence imposed and order that the convict Fredrick Onyango Otieno completes the remainder of the prison term in prison due to the aggravating injuries inflicted on the victim.
6. File is closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE