[2020] KEHC 3812 (KLR)
The court found that the sentence imposed on the applicant was both lawful and lenient, especially in light of the high value of the stolen property (over 1.4 million shillings) and the fact that most of it was never recovered. The court emphasized that the complainant continues to suffer due to the theft and that...
Source-derived case information.
- Citation
- [2020] KEHC 3812 (KLR)
- Parties
- Applicant: Dorothy Awuor Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 61 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Theft, Property Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Awuor Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant in Criminal Case No. 1186 of 2019 should be revised.
- 2 Whether the sentence was lawful and proportionate given the value of the stolen property and its non-recovery.
Ratio Decidendi
The court found that the sentence imposed on the applicant was both lawful and lenient, especially in light of the high value of the stolen property (over 1.4 million shillings) and the fact that most of it was never recovered. The court emphasized that the complainant continues to suffer due to the theft and that justice requires the applicant to serve the full prison term. The court also referenced the constitutional protection of personal property under Article 40, reinforcing the need for deterrence and upholding the rule of law. Consequently, the application for revision was declined and the original sentence upheld.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The file is 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. 61 OF 2020
DOROTHY AWUOR OCHIENG.......................................APPLICANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 1186 of 2019
in the Principal Magistrate’s Court at Bondo)
RULING
1. I have considered the application for sentence Revision, the Probation Officer’s report and the Prison’s report on character and conduct of the convict applicant.
2. I note that the property stolen by the applicant convict and her co accused persons was in excess of 1. 4 million and most of it was never recovered.
3. The sentence imposed is lawful and lenient. The complainant too must see that justice is done. The convict shall serve the full prison term in order for her to appreciate the consequences of being involved with criminals and engaging in crime. The Constitution at Article 40 protects personal property.
4. I decline the application for sentence Revision as the complainant is still suffering as a result of the theft.
5. The application dismissed.
6. File closed.
Dated, signed and Delivered at Siaya this 30th Day of July 2020
R.E. ABURILI
JUDGE