[2020] KEHC 3704 (KLR)
The court found that the sentence of 12 months imprisonment for the offence of stealing by servant was both lawful and lenient. The applicant's mitigation, namely that the theft was motivated by the need to fund funeral arrangements for his murdered brother, did not constitute a compelling reason to interfere with...
Source-derived case information.
- Citation
- [2020] KEHC 3704 (KLR)
- Parties
- Applicant: Edwin Ochieng Adar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 117 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing by Servant, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Ochieng Adar
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing by servant should be revised.
- 2 Whether the applicant's mitigation provides sufficient grounds for sentence revision.
Ratio Decidendi
The court found that the sentence of 12 months imprisonment for the offence of stealing by servant was both lawful and lenient. The applicant's mitigation, namely that the theft was motivated by the need to fund funeral arrangements for his murdered brother, did not constitute a compelling reason to interfere with the sentence. The court emphasized that unless a sentence is illegal, manifestly excessive, or based on a misdirection, it will not be revised on application. Accordingly, the application for sentence revision was dismissed.
Court Disposition
application dismissed
Orders
- The request for sentence revision is declined.
- The application is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION 117 OF 2019
EDWIN OCHIENG ADAR............................................................APPLICANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
(Being an Application for sentence revision in Criminal Case No. 1010 of 2019 at Principal Magistrate’s Court at Bondo dated 13th December 2019 before Hon. S.W. Mathenge, Resident Magistrate)
RULING
1. I have considered the request for sentence revision by the convict Edwin Ochieng Adar.
2. The convict was sentenced to serve 12 months imprisonment for the offence of stealing by servant and now he claims he stole to use the money for funeral/burial arrangements for his bouncer brother who was murdered in Busia.
3. The sentence meted out on 13/12/2019 was lawful and lenient. I find no compelling reason to revise the same.
4. I decline the request and dismiss it.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 9th Day of April, 2020.
R.E. ABURILI
JUDGE