[2019] KEHC 4821 (KLR)
The court found that the sentence of three years imprisonment for the offence of shop breaking and committing a felony was both lawful and lenient. The applicant did not plead guilty and subjected the court and complainants to a full trial. The court was not persuaded by the mitigation or the probation report to...
Source-derived case information.
- Citation
- [2019] KEHC 4821 (KLR)
- Parties
- Applicant: George Collins Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 17 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Shop Breaking, Felony Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Collins Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive or unlawful and warranted revision.
- 2 Whether the applicant's mitigation and probation report justified a reduction or alteration of sentence.
Ratio Decidendi
The court found that the sentence of three years imprisonment for the offence of shop breaking and committing a felony was both lawful and lenient. The applicant did not plead guilty and subjected the court and complainants to a full trial. The court was not persuaded by the mitigation or the probation report to interfere with the sentence. Therefore, there was no basis for revision, and the application was dismissed.
Court Disposition
application for sentence revision dismissed
Orders
- Application for sentence revision is dismissed.
- Applicants/Convicts to serve full sentence subject to remission qualification.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 17 OF 2019
(CORAM: HON. R.E. ABURILI - J)
GEORGE COLLINS OTIENO...................................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
(An Application seeking Revision of Sentence from Judgment delivered at Bondo Law Court on 21/2/2019 vide Criminal Case 1066 of 2018 before Hon. E.N. Wasike, SRM)
RULING
1. I have considered the application for sentence revision and the grounds thereof. I have also considered the Probation Officer’s Report filed on 23/7/2019.
2. I have taken into consideration the fact that the convicts did not plead guilty to the offences charged and took the court and the complainants through the motions of a long hearing for the offence of shop breaking and committing a felony.
3. Despite the mitigations now being placed before the court, I am not satisfied that the Applicants deserve sentence revision as the sentence meted out of three years imprisonment was very lenient and lawful. I decline the applications for revision of sentence and dismiss the same.
4. Applicants/Convicts to serve full sentence subject to remission qualification.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 29th Day of July 2019.
R.E. ABURILI
JUDGE