Case ID:158417

Joanes Otieno Aor v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 83 of 2017

Parties:

Joanes Otieno Aor v Republic

Date Delivered:

05 May 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Sentence

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Joanes Otieno Aor v Republic [2020] eKLR

Case History:

(Being an Appeal from the judgment, conviction and sentence in Ukwala Principal Magistrate Court Case No. 137 of 2017 dated 24.8.2017 by Hon. G. Adhiambo, Senior Resident Magistrate)

Court Division:

Criminal

County:

Siaya

History Docket No:

Case No. 137 of 2017

History Magistrate:

Hon. G. Adhiambo (SRM)

History County:

Siaya

Case Outcome:

Appellant set at liberty

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL APPEAL NO. 83 OF 2017

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

JOANES OTIENO AOR.....................APPELLANT

VERSUS

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

(Being an Appeal from the judgment, conviction and sentence in Ukwala Principal Magistrate Court Case No. 137 of 2017 dated 24.8.2017 by Hon. G. Adhiambo, Senior Resident Magistrate)

RESENTENCING VIA SKYPE

1. Judgment in this appeal was delivered on 20

th

January 2020, dismissing the appeal against conviction. I ordered for a Pre-resentencing Report which was noted on 24/2/2020 but the Probation Officer was unable to interview the inmate and other relevant persons including the victims of the offence. Due to the Covid 19 situation, the probation officer may not access the relevant persons for interviews.

2. Having considered the circumstances under which the offence was committed and as mitigated by the appellant and the probation - presentence report filed in the lower court, filed by Siaya County Probation Officer, on the appellant’s antecedents to guide the court on whether the court should interfere with the sentence imposed on the appellant who pleaded for leniency in his mitigation in the lower court as reported by the probation officer that:

“The accusedt is remorseful and he is genuinely sorry for the unfortunate result of his conduct. It is unfortunate that a life was lost and he is genuinely sorry both to the court and the family of the deceased. The appellant is aged 33 years. He is married with 3 children. He is a young family and he is the sole bread winner the youngest child is 6 months old. May you consider that this young family deserves a chance to be looked after? The accused has been very compliant with attending court and he has personally undertaken to be a good citizen. As you met out your sentence may you consider a non-custodial sentence? Because even as much as he deserves to be punished as an offender his well-being and future should be considered.

3. I hereby order that the appellant is resentenced to the period already served in prison.

4. Therefore, unless otherwise lawfully held, the appellant

Joanes Otieno Aor

is hereby set at liberty.

Orders accordingly.

Dated, signed and Delivered at Siaya, this 5

th

Day of May, 2020 via skype due to Covid 19 situation.

R.E. ABURILI

JUDGE