[2019] KEHC 5020 (KLR)
The court found that the three-year prison term imposed on the applicant for child stealing was both lawful and lenient, considering the trauma inflicted on the victim and the applicant's refusal to plead guilty, which prolonged the victim's suffering. The court was not persuaded by the Probation Officer's Report or...
Source-derived case information.
- Citation
- [2019] KEHC 5020 (KLR)
- Parties
- Applicant: Irene Achieng Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 30 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Child Stealing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Irene Achieng Okello
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of three years imprisonment for child stealing was excessive or warranted revision.
- 2 Whether the applicant deserved leniency or mercy from the court in light of the circumstances.
Ratio Decidendi
The court found that the three-year prison term imposed on the applicant for child stealing was both lawful and lenient, considering the trauma inflicted on the victim and the applicant's refusal to plead guilty, which prolonged the victim's suffering. The court was not persuaded by the Probation Officer's Report or the applicant's personal circumstances, such as being a mother and expecting another child, as no satisfactory explanation was provided for the offence. The court concluded that there was no justification to interfere with the sentence, and thus declined and dismissed the application for revision, ordering the applicant to serve the full prison term subject to remission.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is declined and dismissed.
- The applicant to serve the full prison term of three years subject to remission.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 30 OF 2019
(CORAM: HON. R.E. ABURILI - J)
IRENE ACHIENG OKELLO...............................................APPLICANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
(An Application seeking Revision of Sentence from Judgment delivered at Bondo Law Court on 20/11/2018 vide Criminal Case 750 of 2018 before Hon. M.O. Obiero, PM)
RULING
1. I have considered the Application for Sentence Review by the convict Irene Achieng Okello who was convicted and sentenced to serve three years for child stealing.
2. The victim of the theft got traumatized and suffered nervous breakdown.
3. The Applicant/Convict did not plead guilty and caused more trauma to the victim through a long hearing.
4. Despite the Probation Officer’s Report, this court has not been told why the convict stole another person’s child yet she had her own child and was even expecting another baby. I am not satisfied that she deserves the mercy of this court.
5. The prison term of three years imposed on her was lenient and lawful. The application for revision of sentence is declined and dismissed. The applicant/convict to serve full prison term subject to remission qualification for her to learn her lessons in prison.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 29th Day of July 2019.
R.E. ABURILI
JUDGE