[2021] KEHC 5526 (KLR)
The court found that the applicant, convicted of arson and sentenced to three years imprisonment, had not demonstrated any grounds warranting revision of his sentence. The probation report showed he had not reformed and continued to pose a threat to his family and the community, justifying his actions and making...
Source-derived case information.
- Citation
- [2021] KEHC 5526 (KLR)
- Parties
- Applicant: William Opany Oting; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E058 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson, Sentencing Revision, Abuse of Court Process
- 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 applicant is entitled to a revision of sentence for the offence of arson.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant, convicted of arson and sentenced to three years imprisonment, had not demonstrated any grounds warranting revision of his sentence. The probation report showed he had not reformed and continued to pose a threat to his family and the community, justifying his actions and making threats against the complainant and witnesses. The court determined that the application was an abuse of court process, as the applicant had previously sought and been denied revision on the same matter. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E058 OF 2021
CORAM: R.E. ABURILI, J
WILLIAM OPANY OTING..........................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
(Being an Application for Revision of sentence in Siaya Principal Magistrate Court
Cr. Case No. 330 of 2019 on 24/7/2020 by Hon. M. Mwangi, Resident Magistrate
AND Siaya HC Cr. Revision No. 20 of 2020 on 19/3/2020)
RULING
1. The applicant William Opany Oting was convicted of the offence of arson contrary to Section 332(a) of the Penal Code and sentenced to serve 3 years imprisonment. He filed HCR Revision 20 of 2020 which was heard and dismissed on 19/3/2020 with reasons contained in that Ruling.
2. He has filed this application and from the Probation Report filed on 11/6/2021, he has not reformed even after staying in prison for over one year. His family members are still afraid of him, having threatened to eliminate them especially the complainant and all the witnesses who testified against him.
3. This is a person that must be placed under watch. He is dangerous to the community. He justifies his actions by saying that he had the right to burn the house of the Complainant who terminated her relationship of being inherited by the convict.
4. The application is an abuse of court process. The same is hereby declined and dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 28th Day of June, 2021
R.E. ABURILI
JUDGE