[2020] KEHC 10 (KLR)
The court found that the applicant, having pleaded guilty to the offences of burglary and stealing and being a first offender, was sentenced to one year imprisonment. The sentence was deemed both lawful and lenient. The court noted the absence of any mitigating circumstances that would justify interference with the...
Source-derived case information.
- Citation
- [2020] KEHC 10 (KLR)
- Parties
- Applicant: David Owino Sikoyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, First Offender, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Owino Sikoyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing was lawful and appropriate.
- 2 Whether there exist any mitigating circumstances warranting revision of the sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offences of burglary and stealing and being a first offender, was sentenced to one year imprisonment. The sentence was deemed both lawful and lenient. The court noted the absence of any mitigating circumstances that would justify interference with the sentence. Consequently, the application for sentence revision was declined and dismissed, and the original sentence was upheld.
Court Disposition
application dismissed
Orders
- Application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E020 OF 2020
DAVID OWINO SIKOYO..........................................................................................APPLICANT
VERSUS
REPUBLIC...............................................................................................................RESPONDENT
(Being an Application seeking Revision of sentence in Criminal Case No. 124 of 2020at SRM,
Ukwala delivered on 5. 5.2020 by Hon. C.N. Sindani,Senior Resident Magistrate)
RULING
1. I have considered the Application for Sentence Revision by the convict DAVID OWINO SIKOYO.
2. The convict was charged with the offences of Burglary and stealing. He pleaded guilty to the charges. He was sentenced to one year imprisonment as a first offender. The sentence is lawful and lenient.
3. I find no reason to interfere with the same as there are no mitigating circumstances.
4. Application declined and dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya, this 7th Day of December, 2020
R.E. ABURILI
JUDGE