[2019] KEHC 27 (KLR)
The court found that the sentence of 5 months imprisonment in default of a fine of Kshs. 20,000/= for the offence of stealing was both lawful and lenient. There was no demonstration of any illegality, impropriety, or incorrectness in the sentence imposed by the trial court. Consequently, the court declined to...
Source-derived case information.
- Citation
- [2019] KEHC 27 (KLR)
- Parties
- Applicant: Newton Onyango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 115 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Revision of Sentence, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Newton Onyango Omondi
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 stealing was excessive or unlawful.
- 2 Whether there are grounds to revise the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of 5 months imprisonment in default of a fine of Kshs. 20,000/= for the offence of stealing was both lawful and lenient. There was no demonstration of any illegality, impropriety, or incorrectness in the sentence imposed by the trial court. Consequently, the court declined to interfere with the sentence, holding that the applicant had not established any grounds for revision under the applicable legal standards. The application for revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The applicant's request for revision of sentence is declined.
- The application is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 115 OF 2019
NEWTON ONYANGO OMONDI......................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 1006 of 2019
at Bondo Principal Magistrate’s Court, delivered on 17. 12. 2019)
RULING
1. The convict is serving 5 months imprisonment in default of paying a fine of Kshs. 20,000/= for the offence of stealing contrary to Section 275 of the Penal Code vide Bondo PM Cr. Case No. 1006/2019. The conviction was on 17/12/2019.
2. The Applicant’s request is declined as the sentence imposed was lenient and lawful.
3. Accordingly, this request dismissed.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE