Lorine Anyango Ouma v Republic [2022] KEHC 2691 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. E001 OF 2022

CORAM: HON. R.E. ABURILI, J

LORINE ANYANGO OUMA....APPLICANT

VERSUS

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

(Being an Application seeking revision of sentence in Siaya Senior Principal Magistrates’ Court in Criminal Case No. E266 of 2020 delivered on 23/9/2021 by Hon. Lester Simiyu, PM)

RULING

1. I have considered the application for revision of sentence imposed on the convict/Applicant upon conviction for the offence of child stealing.

2. The convict was sentenced to serve five (5) years imprisonment on 24/9/2021 sentence to be calculated from 23/11/2020 when the convict was placed in custody as she could not raise the granted bail pending trial.

3. The sentence imposed was lenient and lawful considering the trauma that the mother of the stolen child underwent upon the child being stolen and the fact that the convict denied the offence and the mother and the child had to go through a full hearing to bring the convict herein to justice.

4. I find no mitigating or compelling legal or factual reasons to revise the lawful lenient sentence imposed.

5. I dismiss the application for sentence revision and order the applicant/Convict to serve full sentence imposed.

6. File Closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY, 2022

R.E. ABURILI

JUDGE