[2019] KEHC 2695 (KLR)
The court found that the applicant was not a first offender, having previously been convicted and sentenced to imprisonment for a similar offence. The applicant committed the present offence shortly after release from prison, indicating a lack of reformation. The court held that the sentence of two years...
Source-derived case information.
- Citation
- [2019] KEHC 2695 (KLR)
- Parties
- Applicant: William Okoth Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 58 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stock Theft, Recidivism, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Okoth Owino
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 stock was excessive or warranted revision.
- 2 Whether the applicant's personal circumstances justify a non-custodial sentence.
Ratio Decidendi
The court found that the applicant was not a first offender, having previously been convicted and sentenced to imprisonment for a similar offence. The applicant committed the present offence shortly after release from prison, indicating a lack of reformation. The court held that the sentence of two years imprisonment was lawful and, if anything, lenient given the maximum penalty for the offence. The applicant's personal circumstances, including family and financial obligations, did not outweigh the seriousness of the offence and his recidivist conduct. The application for revision of sentence was therefore dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION 58 OF 2019
WILLIAM OKOTH OWINO .......................APPLICANT
VERSUS
REPUBLIC .................................................RESPONDENT
(Being an application for Revision of Sentence in Siaya PMCR Case No. 623 of 2018. dated 10. 6.2019 before Hon J. O. Ongondo – P.M.).
RULING
1. The Applicant/Convict William Okoth Owino was convicted vide Siaya P.M. Cr. Case No. 623 of 2018 for the offence of Stealing Stock Contrary to Section 278 of the Penal Code.
2. He was sentenced to serve two years imprisonment on 10. 6.2019 and on 26. 9.2019, he filed this application for revision of sentence.
3. The Applicant has only served about four months in Prison. He has not appealed against the conviction and sentence.
4. In the application he claims that he had a business loan which is accumulating with interest while he is in custody and that he has a young family of four siblings who depend on him. Further, that he is of bad health and prays for non-custodial sentence.
5. This Court doubts that a few months in Prison would reform anyone considering the offence committed which attracts up to 14 years imprisonment upon conviction.
6. I have considered the fact that the Applicant is not a first offender and has a wife and 2 children. He is 29 years old and a Matatu Conductor.
7. He was previously convicted vide Siaya P.M. Cr. Case No. 1013/2016 and sentenced to serve one year imprisonment. He was released on 18. 8.2017 from Prison and on 22. 23/5/2018 he committed the present offence.
8. In my view, the convict cannot be a reformed person as described by the Probation Officer who did not even talk to the victim of the crime. The sentence imposed was too lenient. It was lawful.
9. I find the application for sentence revision not merited. I dismiss it.
10. File closed.
Dated, Signed and Delivered at Siaya this 6th Day of November, 2019.
R. E. ABURILI
JUDGE