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Original judgment

Felix Ochieng Onyango v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA CRIMINAL REVISION NO. 41 OF 2019 (CORAM: HON. R.E. ABURILI - J) FELIX OCHIENG ONYANGO.............APPLICANT VERSUS REPUBLIC...........................................RESPONDENT (An Application seeking Revision of Sentence from Judgment delivered at Bondo Law Court on 21/2/2019 vide Criminal Case 1066 of 2018 before Hon. E.N. Wasike, SRM) RULING 1. I have considered the application for sentence revision and the grounds thereof. I have also considered the Probation Officer’s Report filed on 23/7/2019. 2. I have taken into consideration the fact that the convicts did not plead guilty to the offences charged and took the court and the complainants through the motions of a long hearing for the offence of shop breaking and committing a felony. 3. Despite the mitigations now being placed before the court, I am not satisfied that the Applicants deserve sentence revision as the sentence of three years imprisonment meted out was very lenient and lawful. I decline the applications for revision of sentence and dismiss the same. 4. Applicants/Convicts to serve full sentence subject to remission qualification. Orders accordingly. Dated, signed and Delivered at Siaya, this 29th Day of July 2019. R.E. ABURILI JUDGE

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