Okoth v Republic [2022] KEHC 16848 (KLR)

Okoth v Republic (Criminal Revision E072 of 2022) [2022] KEHC 16848 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16848 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E072 of 2022

RE Aburili, J

December 20, 2022

Between

Peter Onyango Okoth

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E271 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 5. 10. 2022)

Ruling

1. The convict Peter Onyango Okoth was sentenced to serve 3 years imprisonment on 5/10/2022 for the offence of Burglary and stealing.

2. He pleaded guilty to the charge. The Probation Officer’s presentence report shows that he is accustomed to drinking alcohol and marijuana. The complainant - church was willing to forgive him if he paid damages but he has no means.

3. He is said to be a petty offender who even demolished his own house and sold poles hence he has no fixed abode and that it will be difficult to supervise him on CSO.

4. I decline to revise his sentence.

5. File closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE