Daniel Ouko Ogallo v Republic [2020] KEHC 7134 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. 12 OF 2020

(CORAM: R. E. ABURILI - J.)

DANIEL OUKO OGALLO..…….…………..…………..…………APPLICANT

VERSUS

REPUBLIC……………………….…………….……………….. RESPONDENT

(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 1186 of 2018 dated 29/11/2019 before Hon. E.N. Wasike, Senior Resident Magistrate)

RULING

1. The convict DANIEL OUKO OGALLO and 2 others were convicted of the offence of stealing property worth over 1. 4 million. They pleaded not guilty and a full trial was conducted. They were sentenced to serve 2 years imprisonment.

2. From the trial record, the convict is a first offender but he jointly with others planned for the theft in a proper way. He is not, in my view suitable for consideration for revision of sentence imposed which is lenient and lawful.  He has not appealed and does not show any remorse even by way of suggesting compensating the complainant of the unrecovered property.

3. I have considered the request for Sentence Revision. I decline the request.

4. The convict to serve the 2 years prison term imposed by the trial court.

5. Orders accordingly

Dated, signed and delivered at Siaya, this 20th Day of March 2020.

R.E. ABURILI

JUDGE