Oucho v Republic [2022] KEHC 16773 (KLR)

Oucho v Republic (Criminal Revision E118 of 2022) [2022] KEHC 16773 (KLR) (21 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16773 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E118 of 2022

RE Aburili, J

December 21, 2022

Between

Stephen Otieno Oucho

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM’s Criminal Case No. 966 of 2018 delivered by Hon. E.N. Wasike, Senior Resident Magistrate on 14. 3.2019 AND in Siaya HC Criminal Revision No. E043 of 2021 and in Kisumu HCCRA No. 12/2019)

Ruling

1. This court vide Criminal Revision E043 of 2021 declined to revise the three years imprisonment imposed on him on each of the two counts as he appealed and the court vide Kisumu HCCRA 12/2019 dismissed the appeal both against sentence and conviction. The convict having destroyed the complainant’s property to wit, a dwelling house with a high value of kshs 300,000, must be ready to pay for it or be reformed before he can be allowed back into the society.

2. I decline to entertain any further review of the sentence which was lenient for the offences of arson and malicious damage to property.

3. File is closed.

4. I so order.

Dated, signed and delivered at Siaya, this 21stDay of December, 2022R.E. ABURILIJUDGE