Zachary Oduor Otika v Republic [2018] KEHC 4681 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

HC CR. REV. NO. 137 OF 2018

(CORAM: R. E. ABURILI - J.)

ZACHARY ODUOR OTIKA............APPLICANT

VERSUS

REPUBLIC......................................RESPONDENT

RULING ON REVISION

I have considered the request for revision of sentence of 3years meted out on the convict by the Trial Court. I have considered the Probation Officer’s Report dated and signed by Catherine Amimo on 17/7/2018 and the earlier Probation Report dated and signed on 30/8/2018 by Nashipae Peris, Probation Officers.

I am not satisfied that the convict merits revision of sentence meted out on him which is lawful and proportionate to the offence and his character.  The victim is his wife and there is no guarantee that the convict is ready to stop his violent attacks on her.

He can still be counseled in prison.  The Prison term was lenient.

I dismiss the application for revision.  The convict to serve full prison term.

Dated, Signed and Delivered at SIAYA this 31ST DAY OF JULY 2018.

R.E. ABURILI

JUDGE