[2020] KEHC 7134 (KLR)
The court found that the applicant, though a first offender, had planned the theft with others and showed no remorse or willingness to compensate the complainant for unrecovered property. The sentence of two years imprisonment imposed by the trial court was deemed lawful and lenient. There were no exceptional...
Source-derived case information.
- Citation
- [2020] KEHC 7134 (KLR)
- Parties
- Applicant: Daniel Ouko Ogallo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, First Offender, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Ouko Ogallo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive or unlawful and warranted revision.
- 2 Whether the applicant demonstrated sufficient grounds for sentence revision.
Ratio Decidendi
The court found that the applicant, though a first offender, had planned the theft with others and showed no remorse or willingness to compensate the complainant for unrecovered property. The sentence of two years imprisonment imposed by the trial court was deemed lawful and lenient. There were no exceptional circumstances or errors apparent on the face of the record to warrant revision of the sentence. The application for sentence revision was therefore declined, and the applicant was ordered to serve the sentence as imposed.
Court Disposition
application for sentence revision declined
Orders
- The request for sentence revision is declined.
- The applicant to serve the 2 years prison term imposed by the trial court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 12 OF 2020
(CORAM: R. E. ABURILI - J.)
DANIEL OUKO OGALLO..…….…………..…………..…………APPLICANT
VERSUS
REPUBLIC……………………….…………….……………….. RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 1186 of 2018 dated 29/11/2019 before Hon. E.N. Wasike, Senior Resident Magistrate)
RULING
1. The convict DANIEL OUKO OGALLO and 2 others were convicted of the offence of stealing property worth over 1. 4 million. They pleaded not guilty and a full trial was conducted. They were sentenced to serve 2 years imprisonment.
2. From the trial record, the convict is a first offender but he jointly with others planned for the theft in a proper way. He is not, in my view suitable for consideration for revision of sentence imposed which is lenient and lawful. He has not appealed and does not show any remorse even by way of suggesting compensating the complainant of the unrecovered property.
3. I have considered the request for Sentence Revision. I decline the request.
4. The convict to serve the 2 years prison term imposed by the trial court.
5. Orders accordingly
Dated, signed and delivered at Siaya, this 20th Day of March 2020.
R.E. ABURILI
JUDGE