Stephen Otieno Oucho v Republic [2021] KEHC 5451 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. E085 OF 2021

CORAM: R.E. ABURILI, J

STEPHEN OTIENO OUCHO......................................................................................APPLICANT

VERSUS

REPUBLIC.................................................................................................................RESPONDENT

(Being an Application for Revision of sentence against sentencein Bondo PM Court’s

Criminal Case No. 966 of 2018 on 14/3/2019)

RULING

1. I have perused and considered the application for Sentence Review by the convict Stephen Otieno Oucho who is serving six years imprisonment with an option of a fine of Kshs. 150,000/= upon conviction for the offence of arson. The sentence was lawful.

2. I find no grounds to interfere with it through review process.

3. The Complainant lost property and has not been compensated.  The cries of the convict that he has 2 wives and seven children should have informed him to be law abiding and refrain from committing arson which is a very serious offence punishable by up to life imprisonment.

4. The sentence imposed was lenient and meets the constitutional threshold of Article 50(2)(q).

5. I decline to review the same as there is no legal basis for such review.  Application is dismissed.

6. File closed.

7. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 6TH DAY OF JULY, 2021

R.E. ABURILI

JUDGE