[2019] KEHC 3854 (KLR)
The court found that the sentence of three years imprisonment for burglary and stealing was both lawful and lenient. The applicant had already served one-third of the sentence, and there was no evidence of any illegality, impropriety, or irregularity in the sentence imposed by the trial court. The absence of a...
Source-derived case information.
- Citation
- [2019] KEHC 3854 (KLR)
- Parties
- Applicant: George Opondo Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 38 “A” of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application rejected
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Imprisonment, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Opondo Okoth
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether there are compelling reasons to revise the sentence imposed on the applicant for burglary and stealing.
- 2 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The court found that the sentence of three years imprisonment for burglary and stealing was both lawful and lenient. The applicant had already served one-third of the sentence, and there was no evidence of any illegality, impropriety, or irregularity in the sentence imposed by the trial court. The absence of a probation officer's report and the lack of compelling reasons presented by the applicant led the court to conclude that there was no justification to interfere with or revise the sentence. The court emphasized that remission for good behavior is available under the law, but this does not warrant revision of a lawful sentence. Accordingly, the application for revision was rejected...
Court Disposition
application rejected
Orders
- The application for revision of sentence is rejected.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SIAYA CR. REV. NO. 38 “A” OF 2019
GEORGE OPONDO OKOTH .............................. APPLICANT
VERSUS
REPUBLIC ......................................................... RESPONDENT
(Being an application for Revision of sentence in Bondo PMCRC No. 966 of 2018 dated 3. 2.2011).
RULING
1. On 1. 12. 2017 the Convict/Applicant George Opondo Okoth was convicted for the offence of Burglary and Stealing. He was sentenced to serve 3 years imprisonment.
2. On 16. 7.2019 he filed this application for revision of sentence. It is not clear whether he even appealed against conviction and sentence as the trial Court record in Bondo PM Cr. Case No. 561/2017 has not been availed.
3. On 16. 7.2019 the Deputy Registrar requested for a Probation Officer’s Report but the same has not been availed todate.
4. I have considered the application for sentence revision, the Applicant has served 1/3 of the sentence which was lawful and lenient. Depending on his good behavior and industry, he can benefit from remission.
5. For the above reasons, I find no compelling reasons to revise the lawful sentence meted out on him.
6. The application is rejected. File closed.
DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R.E. ABURILI
JUDGE