[2024] KEHC 10622 (KLR)
The High Court found no reason to revisit or interfere with the sentences imposed on the applicants, as the sentences had already been upheld on appeal and there was no evidence of error, illegality, or miscarriage of justice. The sums of money involved were substantial, and the applicants had not refunded the...
Source-derived case information.
- Citation
- [2024] KEHC 10622 (KLR)
- Parties
- Applicant: Lilian Achieng Owino; Applicant: Lavender Akoth Aduke; Applicant: Millicent Akinyi Awando; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E131 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Conviction Appeal, Fine Option, Theft Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Achieng Owino
Applicant
Lavender Akoth Aduke
Applicant
Millicent Akinyi Awando
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentences imposed on the applicants should be reviewed by the High Court.
- 2 Whether there is justification to revisit sentences already upheld on appeal.
Ratio Decidendi
The High Court found no reason to revisit or interfere with the sentences imposed on the applicants, as the sentences had already been upheld on appeal and there was no evidence of error, illegality, or miscarriage of justice. The sums of money involved were substantial, and the applicants had not refunded the stolen amounts. The court declined to review the sentences and ordered the file closed.
Court Disposition
application for revision dismissed
Orders
- The application for review of sentence is declined.
- The file is closed.
Full Case Text
Judgment text and source record
26 paragraphs
Owino & 2 others v Republic (Criminal Revision E131 of 2024) [2024] KEHC 10622 (KLR) (10 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10622 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E131 of 2024
RE Aburili, J
September 10, 2024
Between
Lilian Achieng Owino
1st Applicant
Lavender Akoth Aduke
2nd Applicant
Millicent Akinyi Awando
3rd Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. 78 of 2019)
Ruling
1. I have considered the sentences imposed on the three convicts Lilian Achieng Owino, Lavenda Akoth Aduke and Millicent Akinyi Awando vide Kisumu CM Criminal Case No. 78 of 2019.
2. The three convicts also filed appeals before this court, which appeals were heard and dismissed.
3. I find no reason to revisit the sentences which were upheld by this court on appeal.
4. The convicts were given options of fines. The sums of money stolen from the complainant was quite huge and there is no indication as to where they took that money which they are unwilling to refund to the complainant.
5. I decline any attempt to review the sentences imposed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE