[2022] KEHC 2691 (KLR)
The court found that the sentence of five years imprisonment for the offence of child stealing was both lawful and lenient, especially considering the trauma suffered by the victim's mother and the fact that the applicant denied the offence, necessitating a full trial. The court determined that there were no...
Source-derived case information.
- Citation
- [2022] KEHC 2691 (KLR)
- Parties
- Applicant: Lorine Anyango Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Child Stealing, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lorine Anyango 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 the offence of child stealing was excessive or warranted revision.
- 2 Whether there existed any mitigating or compelling legal or factual reasons to revise the sentence.
Ratio Decidendi
The court found that the sentence of five years imprisonment for the offence of child stealing was both lawful and lenient, especially considering the trauma suffered by the victim's mother and the fact that the applicant denied the offence, necessitating a full trial. The court determined that there were no mitigating or compelling legal or factual reasons presented to warrant a revision of the sentence. Consequently, the application for revision was dismissed, and the applicant was ordered to serve the full sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The applicant is to serve the full sentence imposed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E001 OF 2022
CORAM: HON. R.E. ABURILI, J
LORINE ANYANGO OUMA....APPLICANT
VERSUS
REPUBLIC...............................RESPONDENT
(Being an Application seeking revision of sentence in Siaya Senior Principal Magistrates’ Court in Criminal Case No. E266 of 2020 delivered on 23/9/2021 by Hon. Lester Simiyu, PM)
RULING
1. I have considered the application for revision of sentence imposed on the convict/Applicant upon conviction for the offence of child stealing.
2. The convict was sentenced to serve five (5) years imprisonment on 24/9/2021 sentence to be calculated from 23/11/2020 when the convict was placed in custody as she could not raise the granted bail pending trial.
3. The sentence imposed was lenient and lawful considering the trauma that the mother of the stolen child underwent upon the child being stolen and the fact that the convict denied the offence and the mother and the child had to go through a full hearing to bring the convict herein to justice.
4. I find no mitigating or compelling legal or factual reasons to revise the lawful lenient sentence imposed.
5. I dismiss the application for sentence revision and order the applicant/Convict to serve full sentence imposed.
6. File Closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE