Siko & another v Republic [2022] KEHC 16834 (KLR)

Siko & another v Republic (Criminal Revision E115 of 2022) [2022] KEHC 16834 (KLR) (21 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16834 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E115 of 2022

RE Aburili, J

December 21, 2022

Between

Frank Oketch Siko

1st Applicant

Victor Okoth Otot

2nd Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E466 of 2021 delivered by Hon. J.P. Nandi, Principal Magistrate on 23. 8.2022)

Ruling

1. The convicts herein Frank Oketch Siko and Victor Okoth Otot are serving a 2-year jail term for the offence of stealing.

2. The Presentence Report shows that they are at risk of being lynched should he be given non-custodial sentence because they are said to be habitual thieves. They are also not married and have no family ties and responsibilities hence non-custodial sentence shall not aid them to reform. That they also have no national identification documents on them yet they are aged 21 and 28 years respectively.

3. I decline to revise sentence.

4. File closed.

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