Owuor v Republic [2022] KEHC 16777 (KLR)

Owuor v Republic (Criminal Revision E111 of 2022) [2022] KEHC 16777 (KLR) (21 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16777 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E111 of 2022

RE Aburili, J

December 21, 2022

Between

Collins Oyoo Owuor

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM’s Criminal Case No. 83 of 2020 delivered by Hon. J.P. Nandi, Principal Magistrate on 30. 11. 2021)

Ruling

1. The convict herein Collins Oyoo Owuor was sentenced to serve 3 years imprisonment for the offence of kidnapping. This was not his first offence. He had earlier on been convicted in Criminal Case No 335/2019 of a similar offence where he kidnapped a child and demanded Kshs 6,000,000/=.

2. After case review, he was given a non-custodial sentence. He went and committed the same offence.

3. He cannot be trusted to live with other human beings until he is fully reformed.

4. I decline to review his prison term as the convict Collins Oyoo Owuor is not suitable for non-custodial sentence.

5. File closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE