Case Metadata |
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| Case Number: | Criminal Appeal 80 of 2016 |
|---|---|
| Parties: | Erick Ochieng Otieno v Republic |
| Date Delivered: | 22 Dec 2017 |
| Case Class: | Criminal |
| Court: | High Court at Siaya |
| Case Action: | Judgment |
| Judge(s): | David Amilcar Shikomera Majanja |
| Citation: | Erick Ochieng Otieno v Republic [2017] eKLR |
| Advocates: | Ms Odumba, Prosecution Counsel, instructed by the Director of Public Prosecutions for the State. |
| Case History: | Being an appeal against the original conviction and sentence of Hon. R.M. Oanda, Ag. PM dated 11th July 2013 in Ukwala Senior Resident Magistrates’ Court Criminal Case No. 268 of 2013 |
| Court Division: | Criminal |
| County: | Siaya |
| Advocates: | Ms Odumba, Prosecution Counsel, instructed by the Director of Public Prosecutions for the State. |
| History Docket No: | Criminal Case 268 of 2013 |
| History Magistrate: | R.M. Oanda |
| History Advocates: | Both Parties Represented |
| History County: | Siaya |
| Case Outcome: | Appeal allowed |
| 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 AT SIAYA
CRIMINAL APPEAL NO. 80 OF 2016
BETWEEN
ERICK OCHIENG OTIENO …..APPELLANT
AND
REPUBLIC …………...…...… RESPONDENT
(Being an appeal against the original conviction and sentence of Hon. R.M. Oanda, Ag. PM dated 11th July 2013 in Ukwala Senior Resident Magistrates’ Court Criminal Case No. 268 of 2013)
JUDGMENT
1. The appellant, ERICK OCHIENG OTIENO, was charged and convicted on his own plea of guilty to the offence of causing grievous harm contrary to section 234 of the Penal Code (Chapter 63 of the Laws of Kenya). The charge was that he unlawfully did grievous harm to Fredrick Onyango Ouma on 21st October 2012 at Madungu sub-location, East Uholo location in Ugunja District.
2. He was sentenced to 10 years imprisonment with an option of a Kshs. 50,000/= fine. He has been in prison for the 4 years. The trial Magistrate emphasized the issue of deterrence without regard to the overall circumstances of the Appellant. I find the sentence excessive.
3. I allow the Appeal and reduce the same to time served. The appellant is ordered released unless otherwise lawfully held.
DATED AND SIGNED AT SIAYA THIS 22ND DAY OF DECEMBER 2017.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Odumba, Prosecution Counsel, instructed by the Director of Public Prosecutions for the State.
Court Assistants: L. Odhiambo and L. Atika
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