Otieno v Republic [2022] KEHC 16728 (KLR)

Otieno v Republic (Criminal Revision E073 of 2022) [2022] KEHC 16728 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16728 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E073 of 2022

RE Aburili, J

December 20, 2022

Between

Brian Otieno Otieno

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E270 of 2022 delivered by Hon. B. Limo, Senior Resident Magistrate on 5. 10. 2022))

Ruling

1. The offender / convict is Brian Otieno Otieno. He was sentenced to serve 3 years imprisonment on October 5, 2022 for the offence of breaking into a building (school) and stealing a laptop from therein. He pleaded guilty to the charge. However, the presentence report filed by the probation officer shows that the convict is a serious threat to his own family members whom he has threatened to kill including his grandmother and mother who have been forced to seek refuse away from home.

2. I decline to revise his sentence as the convict is a serious security threat to the family.

3. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. RE ABURILIJUDGE