Otieno v Republic [2024] KEHC 10621 (KLR)

Otieno v Republic (Criminal Revision E129 of 2024) [2024] KEHC 10621 (KLR) (10 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10621 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E129 of 2024

RE Aburili, J

September 10, 2024

Between

Milicent Awuor Otieno

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E450 of 2023)

Ruling

1. From the evidence adduced in the trial court Nyando SPM Criminal Case No. E450 of 2023, the convict Millicent Awuor Otieno daringly transferred the complainant’s money using the latter’s phone to the convict’s till number knowing very well that she had no authority to do so. She never admitted the offence and neither was she willing to refund the money.

2. I will not interfere with the lawful lenient sentence imposed as the convict ought to learn to respect other people’s property.

3. Sentence revision is declined as the convict has served only 3 months of the 12 months.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE