Republic v Otieno [2022] KEHC 14255 (KLR)

Republic v Otieno (Criminal Revision E052 of 2022) [2022] KEHC 14255 (KLR) (14 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14255 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E052 of 2022

RE Aburili, J

October 14, 2022

Between

Republic

Respondent

and

Maxwell Ochieng Otieno

Applicant

(Being an Application for resentencing arising from conviction and sentence in the CM’s court at Siaya in Criminal Case No. E245 of 2022 by Hon. M.O. Wambani, Chief Magistrate delivered on 19. 9.2022)

Ruling

1. I have perused the letter dated October 14, 2022from Shikusa Borstal Institution. I have also perused the trial court referral by the trial sentencing magistrate.

2. From the aforesaid letter, the trial court sentenced the offender/ subject to one year instead of the mandatory three years as provided for under section 6 of the Borstal Institutions Act.

3. Accordingly, I hereby direct that the file be returned to the trial magistrate for resentencing of the offender in accordance with section 6(1) of the Borstal Institutions Act which provide that:“Where the High Court or a subordinate court of the first class or a juvenile court is satisfied, after considering the matters specified in section 5 of this Act, that it is expedient for his reformation that a youthful offender should undergo training in a borstal institution, it may, instead of dealing with the offender in any other way, direct that the offender be sent to a borstal institution for a period of three years.”

4. In her sentencing made on September 19, 2022, the trial magistrate imposed on the subject one year committal to Shikusa Borstal Institution which was an error and which this court has jurisdiction to rectify.

5. Accordingly, the committal warrant dated September 19, 2022shall forthwith be amended after the resentencing to reflect the lawful sentence stipulated insection 6 (1) of the Borstal Institutions Act.

6. I so order.

7. This file is closed.

Dated, signed and delivered at Siaya this 14th Day of October, 2022R.E. ABURILIJUDGE