[2022] KEHC 16781 (KLR)
The court found no reason to interfere with the sentence imposed by the trial court, as the applicant had not demonstrated that the sentence was illegal, improper, or manifestly excessive. The applicant had served less than one month of the 12-month sentence for stealing a motorcycle, and the sentence was within the...
Source-derived case information.
- Citation
- [2022] KEHC 16781 (KLR)
- Parties
- Applicant: Kevin Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E086 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision declined.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing, Penal Code Section 278a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 12 months imprisonment for stealing a motorcycle should be revised.
Ratio Decidendi
The court found no reason to interfere with the sentence imposed by the trial court, as the applicant had not demonstrated that the sentence was illegal, improper, or manifestly excessive. The applicant had served less than one month of the 12-month sentence for stealing a motorcycle, and the sentence was within the statutory limits prescribed by Section 278A of the Penal Code. The court therefore declined to revise the sentence.
Court Disposition
Application for sentence revision declined.
Orders
- Sentence imposed on November 24, 2022 is not revised.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Otieno v Republic (Criminal Revision E086 of 2022) [2022] KEHC 16781 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16781 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E086 of 2022
RE Aburili, J
December 22, 2022
Between
Kevin Otieno
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E405 of 2022 delivered by Hon. L. Simiyu, Principal Magistrate on 29. 11. 2022))
Ruling
1. The convict Kevin Otieno has not yet served one month of the 12 months imprisonment imposed for the offence of stealing a motorcycle contrary to Section 278A of the Penal Code.
2. I decline to revise sentence imposed on November 24, 2022.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R E ABURILIJUDGE