[2020] KEHC 7158 (KLR)
The court found that the sentence of three years imprisonment for arson, an offence carrying a maximum of life imprisonment, was lawful and extremely lenient. The applicant's violent tendencies, as detailed in the probation report, and the fear expressed by his family and the complainant, rendered him unsuitable for...
Source-derived case information.
- Citation
- [2020] KEHC 7158 (KLR)
- Parties
- Applicant: William Opany Oting; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 20 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson, Sentencing Principles, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Opany Oting
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court for the offence of arson was lawful and appropriate.
- 2 Whether the applicant is suitable for a non-custodial sentence or prison decongestion.
Ratio Decidendi
The court found that the sentence of three years imprisonment for arson, an offence carrying a maximum of life imprisonment, was lawful and extremely lenient. The applicant's violent tendencies, as detailed in the probation report, and the fear expressed by his family and the complainant, rendered him unsuitable for a non-custodial sentence or for consideration under prison decongestion measures. The applicant's medical needs could be addressed while in prison. There was no legal basis to interfere with the sentence imposed by the trial court, and the application for revision was therefore dismissed.
Court Disposition
application for revision of sentence dismissed
Orders
- The request for sentence revision is declined and dismissed.
- The convict William Opany Oting to serve full prison term as imposed by the trial court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 20 OF 2020
(CORAM: R. E. ABURILI - J.)
WILLIAM OPANY OTING..........................................APPLICANT
VERSUS
REPUBLIC..............................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya
Criminal Case No. 330 of 2019 dated 24. 7.2020 before Hon. M. Mwangi, Resident Magistrate)
RULING
1. The offence for which the convict WILLIAM OPANY OTING was convicted after a full trial carries up to a maximum of life imprisonment but the trial court, after considering mitigation by the convict and a pre-sentencing report, handed him only 3 years imprisonment. Arson is a serious offence. It is a felony.
2. The value of the property destroyed is Kshs. 100,000/=. This was a dwelling house that was set ablaze at night.
3. According to the Probation Officer’s report dated 23/7/2019, the convict has a wife and seven children but that his family is afraid of him and even fear that incase he is released he will fulfil his threats to kill them together with the Complainant who is his inherited wife. She is his sister inlaw cum wife.
4. He is 53 years old but is said to be so violent that he brought down a wall from a section of his own house. The convict is described as cruel and violent that he likes fighting especially after consuming alcohol.
5. Despite his plea that he was to undergo an operation, the convict can still receive medical attention while in prison as he is most likely to do more harm to others than good if released on non-custodial sentence.
6. I find the convict unsuitable to benefit from prison decongestion.
7. The request for sentence revision, which sentence is lawful and extremely lenient, is declined and dismissed. The convict William Opany Oting to serve full prison term as imposed by the trial court.
8. Orders accordingly.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE