[2013] KEHC 3143 (KLR)
The court found that the sentences imposed by the trial magistrate were within the statutory limits for the offence of stealing and that the applicant's mitigation, including claims of rehabilitation and remorse, had already been considered at trial. The offences were serious and warranted a deterrent sentence....
Source-derived case information.
- Citation
- [2013] KEHC 3143 (KLR)
- Parties
- Applicant: George Shem Onduko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 414 of 2012
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Sentencing Principles, Stealing Offences, Sentence Revision, Rehabilitation and Remorse
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Shem Onduko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentences imposed on the applicant for stealing were excessive or improper and warrant revision.
- 2 Whether the applicant's rehabilitation and remorse justify a reduction or alteration of the sentence.
Ratio Decidendi
The court found that the sentences imposed by the trial magistrate were within the statutory limits for the offence of stealing and that the applicant's mitigation, including claims of rehabilitation and remorse, had already been considered at trial. The offences were serious and warranted a deterrent sentence. There was no illegality, impropriety, or incorrectness in the sentences to justify interference by way of revision. Consequently, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The sentences imposed by the trial magistrate are upheld.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Criminal Revision 414 of 2012 [if gte mso 9]><xml>
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GEORGE SHEM ONDUKO …………………………….……….APPLICANT
VERSUS
REPUBIC ………………………………………………………RESPONDENT
RULING
The applicant was convicted of two counts of stealing contrary to Section 275 of the Penal Code. Upon conviction he was sentenced to serve two years imprisonment in count I and one year imprisonment in count II. Sentences were ordered to run consecutively. There is now before me an application by way of Notice of Motion seeking a review of the said sentences.
In his submission the applicant submits that he has gone through rehabilitation and that he is a changed person. He also said he is remorseful and as a result of imprisonment, his family has suffered. The application is opposed by the learned counsel for the Republic who submitted that the applicant should serve his full sentence. The punishment for stealing is three years imprisonment and the learned trial magistrate was within the statutory limits when he imposed the sentences on record. The record shows that the mitigation of the applicant was considered but that the offences are serious and required a deterrent sentence. The amount of money stolen belonged to unsuspecting victims who no doubt had worked hard to earn the same.
I have examined the circumstances and evidence leading to the conviction of the applicant. I am satisfied as to the correctness, legality and propriety of the sentences imposed by the learned trial magistrate. I find no reason to interfere with the same and therefore dismiss the application for revision.
Orders accordingly.
Dated and delivered at Nairobi this 29th Day of May, 2013.
A.MBOGHOLI MSAGHA
JUDGE
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