Anjejo v Republic [2023] KEHC 23933 (KLR)

Anjejo v Republic (Criminal Revision E068 of 2023) [2023] KEHC 23933 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23933 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E068 of 2023

RE Aburili, J

October 6, 2023

Between

Erick Otieno Anjejo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. 266 of 2023 at Nyando)

Ruling

1. The convict is serving two (2) years imprisonment for assaulting his own biological father and is reported to be violent and homeless as he sold his own house and utilised all the money to drinking alcohol after which he returned home and demanded to sleep in his brother’s house with a woman and when his brother resisted, he attacked him.

2. His father intervened and then he turned onto his father, assaulting him. The family do not accept him back home and therefore non-custodial sentence will not serve any useful purpose, according to the Probation Report filed on August 23, 2023.

3. Accordingly, I find the convict Erick Otieno Anjejo unsuitable for non-custodial sentence.

4. I decline to revise the sentence.

5. This file is closed.

6. I so order

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE