[2018] KEHC 2142 (KLR)
The court found that although the offence was serious and the value of the destroyed property was substantial, the trial court had already exercised leniency in sentencing the appellant to 2 years imprisonment. The applicant's personal circumstances, including being a first offender, sole breadwinner, and having...
Source-derived case information.
- Citation
- [2018] KEHC 2142 (KLR)
- Parties
- Appellant: Samuel Odhiambo Otina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder to be served on probation
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Mitigation, Probation Orders, Arson Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Odhiambo Otina
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 2 years imprisonment for setting fire to cultivated crops was excessive or warranted revision.
- 2 Whether the convict should benefit from the prison decongestion policy and be placed on probation.
Ratio Decidendi
The court found that although the offence was serious and the value of the destroyed property was substantial, the trial court had already exercised leniency in sentencing the appellant to 2 years imprisonment. The applicant's personal circumstances, including being a first offender, sole breadwinner, and having lost his job, were considered. The court noted the applicant's remorse and reformation in prison. In the absence of a probation report and in line with the prison decongestion policy, the court exercised its discretion to revise the sentence, ordering that the remainder of the sentence be served on probation under supervision.
Court Disposition
sentence revised; remainder to be served on probation
Orders
- The remainder of the convict’s sentence shall be served on probation under the supervision of Siaya County Probation from the date of release from prison.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. REV. NO. 4 OF 2018
(CORAM: R. E. ABURILI - J.)
SAMUEL ODHIAMBO OTINA............APPELLANT
VERSUS
REPUBLIC............................................RESPONDENT
(Being an Appeal against the Conviction and Sentence dated 08. 08. 2018 in Criminal Case No. 1041 of 2016 at Bondo Law Courts before Hon. E.N. Wasike, SRM)
RULING
1. The convict Samuel Odhiambo Otina was on 9/1/2018 convicted and sentenced to serve 2 years imprisonment for the offence of setting fire to cultivated crops contrary to Section 334(a) of the Penal Code. He has been in prison for over 11 months and seeks for revision of sentence.
2. In his mitigation which he also stated before the trial court, he says that he is a first offender, sole breadwinner of 4 children, a wife and disabled father as his mother died over 20 years ago
3. He was an employee of a parastatal and jail term has cost him his job and benefits lost yet he had worked for more than 10 years.
4. He is remorseful and regrets the incident.
5. Regrettably, the application for revision which was filed on 31/1/2018 was only brought to my attention this afternoon.
6. I have considered the application for revision of sentence of 2 years. The section under which the applicant was charged provides for maximum sentence of 14 years upon conviction as the offence is a felony. The convict was given 2 years owing to the touchy mitigations. The trial court was therefore more than lenient in in meting out sentence which is lawful. The conviction is not challenged and neither is the sentence meted out.
7. The property destroyed is worth Kshs. 2,564,000. It is substantial. The complainant lost his crops which he had taken time to cultivate to reap benefits from.
8. However, the convict too lost his job as a result of his imprisonment hence he never derived any benefit from his criminal activity and which he regrets. He has learnt his lesson. He has reformed in prison.
9. He should benefit from the prison decongestion policy as the Probation report ordered on 16/3/2018 has never been availed.
10. In the premises, I exercise my discretion and revise the sentence meted out on the convict and order that the remainder of the convict’s sentence be served on probation to be supervised by Siaya County Probation from date of release from prison.
Dated, Signed and Delivered at SIAYA this 21st Day of November 2018.
R.E. ABURILI
JUDGE