Atinga v Republic (Criminal Revision E166 of 2025) [2025] KEHC 17541 (KLR) (27 November 2025) (Ruling) Neutral citation: [2025] KEHC 17541 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL REVISION E166 OF 2025 DK KEMEI, J NOVEMBER 27, 2025 BETWEEN STEPHEN OKOTH ATINGA ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an application seeking revision of sentence vide Siaya MCCR E326/2024 before Hon. J.P Mkala (RM) and delivered on 20/6/2024) RULING 1. I have considered the Applicant’s request for revision of three years and two years’ imprisonment (running concurrently) for the ofience of stealing and malicious damage to property. 2. I have considered the sentence review report dated 27th November 2025 and note that the same is favourable for a non-custodial sentence. 3. I find merit in the application for review. 4. The trial court’s sentence is set aside and substituted with an order for Community Service Order at Randago assistant chief’s camp for 12 months. 5. File closed. Orders accordingly. DATED AND DELIVERED AT SIAYA THIS 27TH DAY OF NOVEMBER 2025. D. KEMEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17541/eng@2025-11-27 1
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