Otieno v Republic (Criminal Revision E197 of 2025) [2026] KEHC 10446 (KLR) (15 July 2026) (Revision) Neutral citation: [2026] KEHC 10446 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL REVISION E197 OF 2025 JK SERGON, J JULY 15, 2026 BETWEEN DANIEL OTIENO .................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT REVISION 1. Daniel Otieno alias Dante the applicant herein pleaded guilty to the charge of stealing contrary to section 268(1) as read with section 275 of the Penal Code. The particulars of the offence are that on 24th day of April, 2025 at Ponda Mali area in Nakuru West sub-county within Nakuru County stole one Mobile phone make Redmi 14c Valued at Ksh 23,000/= the property of Teresia Wairimu. 2. Upon conviction the applicant was sentenced to 18 months imprisonment. Pursuant to section 362 of the Criminal Procedure Code, this file was placed before this court for perusal and examination of the subordinate court’s proceedings. 3. I have examined the proceedings of the subordinate court and it is apparent that the applicant is a first offender. The record shows that the trial court took into account the applicant’s facts in mitigation. The offence the applicant was convicted for attracts a maximum sentence of 3 years imprisonment. The applicant was sentenced to serve 1½ years. 4. The applicant pleaded guilty thus saving judicial time. The applicant is also a first offender. In my view a sentence of 1½ years meted out against the applicant is harsh and excessive for an accused who pleaded guilty and for a first offender. 5. This court is entitled to interfere with the sentence in exercise of its supervisory power of revision. In other words, the court should treat with leniency a party who is a first offender and who readily pleads guilty. This court is of the view that the appropriate sentence should be 12 months. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10446/eng@2026-07-15 1
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6. In exercise of this court’s supervisory power of revision, the sentence of 18 months is set aside and is substituted with a sentence of 12 months. The new sentence of 12 months is to run from the date of sentence ie 11th June, 2025. 7. The applicant has so far served 12 months in prison. He has therefore served his sentence in full. Consequently, the applicant namely Daniel Otieno alias Dante should be set free forthwith from prison having served his prison term in full. DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF JULY, 2026. J. K. SERGON JUDGE In presence of: Jamleck/Ruto C/A Miss Anyumba for the State https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10446/eng@2026-07-15 2
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