Dorothy Awuor Ochieng v Republic [2020] KEHC 3812 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. 61 OF 2020

DOROTHY AWUOR OCHIENG.......................................APPLICANT

VERSUS

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

(Being an Application for Revision of sentence in Criminal Case No. 1186 of 2019

in the Principal Magistrate’s Court at Bondo)

RULING

1. I have considered the application for sentence Revision, the Probation Officer’s report and the Prison’s report on character and conduct of the convict applicant.

2. I note that the property stolen by the applicant convict and her co accused persons was  in excess of 1. 4 million and most of it was never recovered.

3. The sentence imposed is lawful and lenient.   The complainant too must see that justice is done.  The convict shall serve the full prison term in order for her to appreciate the consequences of being involved with criminals and engaging in crime.  The Constitution at Article 40 protects personal property.

4. I decline the application for sentence Revision as the complainant is still suffering as a result of the theft.

5. The application dismissed.

6. File closed.

Dated, signed and Delivered at Siaya this 30th Day of July 2020

R.E. ABURILI

JUDGE