[2020] KEHC 1442 (KLR)
The court found that the offence of breaking and entering and stealing was serious, and the sentence of four years imprisonment imposed by the trial court was both lenient and lawful. The applicant did not plead guilty, necessitating a full trial, and there were no exceptional circumstances to warrant revision of...
Source-derived case information.
- Citation
- [2020] KEHC 1442 (KLR)
- Parties
- Appellant: Collins Oduor Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E016 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Prison Decongestion, Breaking and Entering, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Oduor Ochieng
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the convict was excessive or warranted revision under the circumstances.
- 2 Whether the application for sentence revision under prison decongestion is merited.
Ratio Decidendi
The court found that the offence of breaking and entering and stealing was serious, and the sentence of four years imprisonment imposed by the trial court was both lenient and lawful. The applicant did not plead guilty, necessitating a full trial, and there were no exceptional circumstances to warrant revision of the sentence. The application for sentence revision on the basis of prison decongestion was therefore found to lack merit, and the court declined to interfere with the sentence imposed by the lower court.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E0 16 OF 2020
COLLINS ODUOR OCHIENG.....................................APPELLANT
AND
REPUBLIC...................................................................RESPONDENT
(Application for sentence revision from sentence passed in Siaya Principal Magistrate’s Court Cr Case No 81 of 2019 on 27/8/2019 by Hon James Ongondo, Principal Magistrate)
RULING
1. On 27. 8.2019 the Convict Collins Oduor Ochieng was convicted and sentenced to serve 4 years imprisonment for the offence of Breaking and entering a building and Stealing items from therein worth 200,000/=. He did not plead guilty and he has not appealed. He seeks sentence Revision under Prison decongestion.
2. I have considered the application for sentence Revision and circumstances under which the offence was committed. The Convict did not plead guilty and took the victim and court into the motion of establishing his guilt. The offence is serious and sentence imposed was lenient and lawful.
3. I find no merit in the application for sentence Revision.
4. I decline the application and dismiss it.
5. File closed.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya This 25th day of November, 2020
R.E. ABURILI
JUDGE