Irene Achieng Okello v Republic [2019] KEHC 5020 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. 30 OF 2019

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

IRENE ACHIENG OKELLO...............................................APPLICANT

VERSUS

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

(An Application seeking Revision of Sentence from Judgment delivered at Bondo Law Court on 20/11/2018 vide Criminal Case 750 of 2018 before Hon. M.O. Obiero, PM)

RULING

1. I have considered the Application for Sentence Review by the convict Irene Achieng Okello who was convicted and sentenced to serve three years for child stealing.

2. The victim of the theft got traumatized and suffered nervous breakdown.

3.  The Applicant/Convict did not plead guilty and caused more trauma to the victim through a long hearing.

4. Despite the Probation Officer’s Report, this court has not been told why the convict stole another person’s child yet she had her own child and was even expecting another baby.  I am not satisfied that she deserves the mercy of this court.

5. The prison term of three years imposed on her was lenient and lawful. The application for revision of sentence is declined and dismissed. The applicant/convict to serve full prison term subject to remission qualification for her to learn her lessons in prison.

Orders accordingly.

Dated, signed and Delivered at Siaya, this 29th Day of July 2019.

R.E. ABURILI

JUDGE