Lingatone David Auto v Republic [2019] KEHC 4756 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. 35 OF 2019

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

LINGATONE DAVID AUTO.......................APPLICANT

VERSUS

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

(An Application seeking Revision of Sentence from Judgment delivered at Bondo Law Court on 21/2/2019 vide Criminal Case 1066 of 2018 before Hon. E.N. Wasike, SRM)

RULING

1. I have considered the application for sentence revision and the grounds thereof. I have also considered the Probation Officer’s Report filed on 23/7/2019.

2. I have taken into consideration the fact that the convict did not plead guilty to the offences charged and took the court and the complainants through the motions of a long hearing for the offence of shop breaking and committing a felony.

3. Despite the mitigations now being placed before the court, I am not satisfied that the Applicants deserve sentence revision as the sentence of three years meted out was very lenient and lawful. I decline the applications for revision of sentence and dismiss the same.

4. Applicants/Convicts to serve full sentence subject to remission qualification.

Orders accordingly.

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

R.E. ABURILI

JUDGE