[2022] KEHC 16824 (KLR)
The court found that the applicant, having pleaded guilty to malicious damage to property valued at KES 43,000 belonging to his mother, was not suitable for a non-custodial sentence. The presentence report described him as violent, disrespectful, and a threat to his mother and stepmother, with a history of drug...
Source-derived case information.
- Citation
- [2022] KEHC 16824 (KLR)
- Parties
- Applicant: Romans Aquilla Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E103 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Malicious Damage to Property, Sentencing, Sentence Revision, Custodial Vs Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Romans Aquilla Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence of one-year imprisonment for malicious damage to property should be revised.
- 2 Whether the applicant is suitable for a non-custodial sentence given his conduct and threat to his mother and stepmother.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to malicious damage to property valued at KES 43,000 belonging to his mother, was not suitable for a non-custodial sentence. The presentence report described him as violent, disrespectful, and a threat to his mother and stepmother, with a history of drug addiction and prior threats. The court held that his continued presence at home posed a serious risk to the victims, and that imprisonment would serve both as punishment and an opportunity for rehabilitation. There was no error or impropriety in the original sentence to warrant revision. Accordingly, the application for sentence revision was declined.
Court Disposition
application for sentence revision declined
Orders
- Application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Criminal Revision E103 of 2022) [2022] KEHC 16824 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16824 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E103 of 2022
RE Aburili, J
December 20, 2022
Between
Romans Aquilla Otieno
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM Criminal Case No. E694 of 2022 delivered by Hon P. Nandi, Principal Magistrate on 15/11/2022)
Ruling
1. On November 15, 2022 the convict herein Romans Aquilla Otieno was sentenced to a serve one-year imprisonment for the offence of malicious damage to property valued at kshs 43, 000 the property of his biological mother. He pleaded guilty to the charge and the presentence report describes him as a 32 year old very stubborn and violent person whose presence at home is a serious threat to the life of his mother whom he does not respect and that he humiliates her. That he has threatened his mother and step mother with death saying he was preparing their graves and that he is addicted to drugs hence his being kept away will help him get off the drugs. His wife is said to have left him because of his bad character.
2. I find the convict not suitable for non-custodial sentence as he is a threat to the lives of two old women who would have relied on the convict to protect them. Let the convict reform in prison and get off the drugs before he can be released back into the society.
3. I decline to review his sentence.
4. File closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE