[2018] KEHC 4681 (KLR)
The court found that the sentence of 3 years imprisonment imposed on the applicant was both lawful and proportionate to the offence committed and the applicant's character. The court was not satisfied that there were sufficient grounds to warrant a revision of the sentence, particularly given the nature of the...
Source-derived case information.
- Citation
- [2018] KEHC 4681 (KLR)
- Parties
- Applicant: Zachary Oduor Otika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 137 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Domestic Violence, Proportionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zachary Oduor Otika
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment imposed on the convict should be revised.
- 2 Whether the sentence was lawful and proportionate to the offence and the convict's character.
Ratio Decidendi
The court found that the sentence of 3 years imprisonment imposed on the applicant was both lawful and proportionate to the offence committed and the applicant's character. The court was not satisfied that there were sufficient grounds to warrant a revision of the sentence, particularly given the nature of the offence—domestic violence against the applicant's wife—and the lack of assurance that the applicant would cease his violent conduct. The court also noted that the prison term was lenient and that the applicant could still benefit from counseling while serving his sentence. Accordingly, the application for revision was dismissed, and the applicant was ordered to serve the full prison...
Court Disposition
application for revision dismissed
Orders
- The application for revision is dismissed.
- The convict to serve full prison term.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC CR. REV. NO. 137 OF 2018
(CORAM: R. E. ABURILI - J.)
ZACHARY ODUOR OTIKA............APPLICANT
VERSUS
REPUBLIC......................................RESPONDENT
RULING ON REVISION
I have considered the request for revision of sentence of 3years meted out on the convict by the Trial Court. I have considered the Probation Officer’s Report dated and signed by Catherine Amimo on 17/7/2018 and the earlier Probation Report dated and signed on 30/8/2018 by Nashipae Peris, Probation Officers.
I am not satisfied that the convict merits revision of sentence meted out on him which is lawful and proportionate to the offence and his character. The victim is his wife and there is no guarantee that the convict is ready to stop his violent attacks on her.
He can still be counseled in prison. The Prison term was lenient.
I dismiss the application for revision. The convict to serve full prison term.
Dated, Signed and Delivered at SIAYA this 31ST DAY OF JULY 2018.
R.E. ABURILI
JUDGE