Collins Oduor Ochieng v Republic [2020] KEHC 1442 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. E0 16 OF 2020

COLLINS ODUOR OCHIENG.....................................APPELLANT

AND

REPUBLIC...................................................................RESPONDENT

(Application for sentence revision from sentence passed in Siaya Principal Magistrate’s Court Cr Case No 81 of 2019 on 27/8/2019 by Hon James Ongondo, Principal Magistrate)

RULING

1. On 27. 8.2019 the Convict Collins Oduor Ochieng was convicted and sentenced to serve 4 years imprisonment for the offence of Breaking and entering a building and Stealing items from therein worth 200,000/=.  He did not plead guilty and he has not appealed.  He seeks sentence Revision under Prison decongestion.

2. I have considered the application for sentence Revision and circumstances under which the offence was committed.  The Convict did not plead guilty and took the victim and court into the motion of establishing his guilt.  The offence is serious and sentence imposed was lenient and lawful.

3. I find no merit in the application for sentence Revision.

4. I decline the application and dismiss it.

5. File closed.

6. Orders accordingly.

Dated, Signed and Delivered at Siaya This 25th day of November, 2020

R.E. ABURILI

JUDGE