Evans Ouma Oketch v Republic [2020] KEHC 6951 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL APPEAL NO. 63 OF 2017

EVANS OUMA OKETCH.......APPELLANT

VERSUS

REPUBLIC....................... PROSECUTION

(Appeal from the judgment, conviction and sentence in the Principal Magistrate’s Court at Bondo in Criminal Case No. 921 of 2016 dated 5. 7.2017 by Hon. M. Obiero, Principal Magistrate)

RULING ON SENTENCE

1. Judgment in this case was delivered on 20th January, 2020, dismissing the appellant’s appeal against conviction. The court then ordered for a social inquiry report on the appellant to guide the court on resentencing.

2. I have considered the Social Inquiry Report dated filed by the Probation Officer, Siaya County, on 18th February 2020, on the appellant and the remarks concerning the victim of the offence.  I find no reason to interfere with the 20 years imprisonment imposed on the appellant.

3. However, as the Appellant was handed the mandatory minimum sentence, I hereby set it aside and substitute it with a prison term of fifteen (15) years imprisonment to be calculated from the date of sentencing in the lower court on 5. 7.2017.

4. Orders accordingly.

Dated, Signed and Delivered at Siaya this 18th day of February, 2020.

R.E. ABURILI

JUDGE