Case Metadata |
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| Case Number: | Criminal Appeal 97 of 2016 |
|---|---|
| Parties: | John Oduor 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: | John Oduor 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. M.S. Kimani, RM dated 19th March 2015 in Siaya Principal Magistrates Court Criminal Case No. 101 of 2014) |
| 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 101 of 2014 |
| History Magistrate: | M.S. Kimani - Resident Magistrate |
| History Advocates: | One party or some parties represented |
| History County: | Siaya |
| Case Outcome: | Appeal on Sentence 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. 97 OF 2016
BETWEEN
JOHN ODUOR OTIENO...........................................APPELLANT
AND
REPUBLIC..............................................................RESPONDENT
(Being an Appeal against the original conviction and sentence of Hon. M.S. Kimani, RM dated 19th March 2015 in Siaya Principal Magistrates Court Criminal Case No. 101 of 2014)
JUDGMENT
1. The appellant, JOHN ODUOR OTIENO, wishes to appeal against sentence only. He was charged and convicted on four counts of breaking into a dwelling house and stealing contrary to section 304(1)(a) as read with section 279(6) of the Penal Code (Chapter 63 of the Laws of Kenya). He was convicted and sentenced to 2½ years on all the counts which were to run consecutively resulting to a total of 10 years.
2. Counsel for the Respondent has correctly conceded that the sentence was excessive and ought to have been considered.
3. The appeal on sentence is allowed. The sentences are quashed and substituted with an order that they run consecutively. Since the appellant has served the sentence, he is 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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