[2020] KEHC 1528 (KLR)
The court found that the applicant was convicted on his own unequivocal plea of guilty and that the sentence of three years imprisonment for burglary and stealing was both lawful and lenient. The sentences were ordered to run concurrently. There was no error, illegality, or impropriety in the sentence imposed by the...
Source-derived case information.
- Citation
- [2020] KEHC 1528 (KLR)
- Parties
- Applicant: Kelvin Onyango Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 14 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Burglary, Stealing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Onyango Ouma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing was lawful and warranted revision.
- 2 Whether the applicant's plea of guilty was unequivocal and properly considered in sentencing.
Ratio Decidendi
The court found that the applicant was convicted on his own unequivocal plea of guilty and that the sentence of three years imprisonment for burglary and stealing was both lawful and lenient. The sentences were ordered to run concurrently. There was no error, illegality, or impropriety in the sentence imposed by the trial court. Consequently, there was no justification for the High Court to interfere with or revise the sentence under its revisionary jurisdiction.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E.O. 14 OF 2020
KELVIN ONYANGO OUMA......................................................................................APPLICANT
VERSUS
REPUBLIC................................................................................................................RESPONDENT
(Being an application for revision of sentence in Bondo PM Criminal Case No. 988 of 2019
dated 27. 11. 2019 before Hon. E.N. Wasike - SRM )
RULING
1. The Convict Kelvin Onyango Oumawas convicted and sentenced to serve 3 years imprisonment for the offence of burglary and stealing. He pleaded guilty.
2. The sentences to run concurrently. The sentences imposed were lawful and lenient. The plea was unequivocal.
3. I find no reason to interfere with sentence. The application for sentence Revision is hereby dismissed.
File closed.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya This 16th day of November, 2020
R.E. ABURILI
JUDGE