George Opondo Okoth v Republic [2019] KEHC 3854 (KLR)

George Opondo Okoth v Republic [2019] KEHC 3854 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SIAYA CR. REV. NO. 38 “A” OF 2019

GEORGE OPONDO OKOTH .............................. APPLICANT

VERSUS

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

(Being an application for Revision  of sentence in Bondo PMCRC No. 966 of 2018 dated 3.2.2011).

RULING

1.  On 1.12.2017 the Convict/Applicant George Opondo Okoth was convicted for the offence of Burglary and Stealing.  He was sentenced to serve 3 years imprisonment.

2.  On 16.7.2019 he filed this application for revision of sentence.  It is not clear whether he even appealed against conviction and sentence as the trial Court record in Bondo PM Cr. Case No. 561/2017 has not been availed.

3.  On 16.7.2019 the Deputy Registrar requested for a Probation Officer’s Report but the same  has not been availed todate.

4.  I have considered the application for sentence revision, the Applicant has served 1/3 of the sentence which was lawful and lenient. Depending on his good behavior and industry, he can benefit from remission.

5.  For the above reasons, I find no compelling reasons to revise the lawful sentence meted out on him.

6.  The application is rejected.  File closed.

DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019.

HON. LADY JUSTICE R.E. ABURILI

JUDGE 

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