[2020] KEHC 3564 (KLR)
The court found that the sentence imposed on the applicant was both lenient and lawful, considering the high value of the stolen property (over 1.4 million shillings), the fact that most of the property was never recovered, and the ongoing suffering of the complainant. The applicant acted in concert with others to...
Source-derived case information.
- Citation
- [2020] KEHC 3564 (KLR)
- Parties
- Applicant: Martha Adhiambo Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 62 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Theft, Property Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Adhiambo Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant in Criminal Case No. 1186 of 2018 was excessive or unlawful.
- 2 Whether there are sufficient grounds to warrant revision of the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence imposed on the applicant was both lenient and lawful, considering the high value of the stolen property (over 1.4 million shillings), the fact that most of the property was never recovered, and the ongoing suffering of the complainant. The applicant acted in concert with others to deprive the complainant of valuable property. There was no legal or factual basis to interfere with the sentence imposed by the trial court. Consequently, the application for sentence revision was found to be without merit and was dismissed.
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 NO. 62 OF 2020
MARTHA ADHIAMBO OCHIENG.....APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
(An Application for Revision of sentence in Criminal Case No. 1186 of 2018 in the Principal Magistrate’s court at Bondo dated 29. 11. 2019 before Hon. E.N. Wasike, SRM)
RULING
1. I have considered the application for sentence Revision, the Probation Report and the Siaya GK Prisons Officer’s Report on the character of the convict.
2. The property stolen was in excess of 1. 4 million and most of it was never recovered. The convict acted in concert with others to deprive the complainant of her hard earned property. The complainant is still suffering the effects of losing valuable property.
3. The sentence imposed was lenient and lawful.
4. I find the application for sentence revision not merited. I decline it and dismiss it accordingly.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of July, 2020
R.E. ABURILI
JUDGE