[2022] KEHC 16835 (KLR)
The court declined to revise the 2-year sentence imposed on the applicant for assaulting his guardian and grandmother, citing the gravity of gender-based violence against a vulnerable victim and the applicant's lack of remorse. The court found no justification to interfere with the sentence, as it was lawful and...
Source-derived case information.
- Citation
- [2022] KEHC 16835 (KLR)
- Parties
- Applicant: Michael Spencer Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E114 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault, Gender Based Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Spencer Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of 2 years imposed on the applicant for assaulting his guardian and grandmother should be revised.
- 2 Whether lack of remorse by the applicant affects eligibility for sentence revision.
Ratio Decidendi
The court declined to revise the 2-year sentence imposed on the applicant for assaulting his guardian and grandmother, citing the gravity of gender-based violence against a vulnerable victim and the applicant's lack of remorse. The court found no justification to interfere with the sentence, as it was lawful and proportionate to the seriousness of the offence. The application for sentence revision was therefore dismissed and the file closed.
Court Disposition
application for sentence revision dismissed
Orders
- Sentence revision declined.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Otieno v Republic (Criminal Revision E114 of 2022) [2022] KEHC 16835 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16835 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E114 of 2022
RE Aburili, J
December 21, 2022
Between
Michael Spencer Otieno
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E1519 of 2021 delivered by Hon. J.P. Nandi, Principal Magistrate on 27. 9.2021)
Ruling
1. On August 8, 2022, this court declined to revise sentence of 2 years imposed on the convict herein Michael Spencer Otieno on account that he seriously assaulted his guardian and grandmother without any provocation. This was vide Cr Revision E030/2022.
2. I decline to revise the sentence in view of the gender-based violence meted out on the poor old grandmother and caregiver to the convict, as convict is not remorseful.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE