Ochieng v Republic [2022] KEHC 10954 (KLR)

Ochieng v Republic (Criminal Revision E042 of 2022) [2022] KEHC 10954 (KLR) (1 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10954 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E042 of 2022

JN Kamau, J

August 1, 2022

ORIGINALLY CR CASE NO E2794 OF 2021

Between

Rodgers Auka Ochieng

Applicant

and

Republic

Respondent

Ruling

1. The Applicant herein was charged with the offence of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) and handling stolen property c/s 311 of the Penal Code Cap 63 (Laws of Kenya). He was arrested on October 30, 2021 and arraigned before court on 1/11/2021. He pleaded guilty to the charge. He was sentenced to three (3) years imprisonment on both Counts. The sentences were to run concurrently. According to the Report by Austine Adewa that was filed on 29/7/2022, the Applicant is a habitual criminal and that this was not the first time that he had been arrested for committing a criminal offence. He does not recommend a non-custodial sentence. As the Applicant is a habitual criminal, I hereby decline his application for review of sentence and directs that to complete his sentence in custody. File to be closed forthwith. Orders accordingly.

DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE