Otieno v Republic [2022] KEHC 16841 (KLR)

Otieno v Republic (Criminal Revision E084 of 2022) [2022] KEHC 16841 (KLR) (22 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16841 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E084 of 2022

RE Aburili, J

December 22, 2022

Between

Daniel Onyango Otieno alias Nini

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No 1226 of 2018 delivered by Hon L Simiyu, Principal Magistrate on 28. 4.2022)

Ruling

1. The convict Daniel Onyango Otieno alias ‘Nini’ was convicted and fined Kshs 200,000/= in default to serve 2 years imprisonment for robbery with violence.

2. I find him not suitable for non-custodial sentence. The robbery was so aggravated that the complaint has lost vision in his eye and was left with loose teeth.

3. I decline to revise the imposed lenient sentence to allow the convict be rehabilitated in prison, unless he pays the fine.

4. File closed.

5. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R.E. ABURILIJUDGE