Ochieng v Republic [2022] KEHC 12820 (KLR)

Ochieng v Republic (Criminal Revision E014 of 2022) [2022] KEHC 12820 (KLR) (8 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12820 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E014 of 2022

RE Aburili, J

August 8, 2022

Between

Erick Ooko Ochieng

Applicant

and

Republic

Respondent

(Being an Application seeking revision of sentence, arising from conviction and sentence in Ukwala PM’s Court Criminal Case No. E614 of 2021 by Hon. C.I. Agutu, Senior Resident Magistrate on 8/11/2021)

Ruling

1. The convict Erick Ooko Ochieng was convicted and sentenced to serve one year imprisonment for the offence of burglary contrary to Section 304 (2) and stealing contrary to section 279(2) of the Penal Code.

2. The value of the stolen property was Kshs 46,000/= belonging to Alexander Martin Okello.

3. The convict pleaded guilty before Ukwala Senior Resident Magistrate, Hon CI Agutu after considering the probation report dated October 21, 2021 after it became clear that the convict was a habitual offender and the community was tired of his character.

4. He has not appealed.

5. I have considered the sentence review report filed on 2/8/2022. It is clear that the convict has already cleared his sentence as at 8/7/2022.

6. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE