Achieng v Republic [2023] KEHC 25704 (KLR)

Achieng v Republic (Criminal Revision E117 of 2023) [2023] KEHC 25704 (KLR) (21 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25704 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E117 of 2023

RE Aburili, J

November 21, 2023

Between

Pamela Achieng Oindo alias Syprosa Amolo Achieng

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E1003 of 2021 at Winam)

Ruling

1. I have considered the request by the Prison authorities to consider this case for prison decongestion received and filed on September 29, 2023.

2. I have examined the convict who did not appeal against conviction and sentence of 5 years imprisonment for various offences related to fraud and obtaining money by false pretences.

3. I have also considered her old age of close to 72 years as she says that she was born in 1951 and the fact that the prosecution does not object to review of the sentence imposed on her.

4. I have also considered her plea that her nephew co-accused and who committed suicide before judgment was delivered in the criminal matter is the one who lured her into the crime scene for his own benefit.

5. The convict has been in prison since her conviction and sentence on July 3, 2023. She was on bond.

6. I hereby exercise discretion in the spirit of prison decongestion and order that the convict Pamela Achieng Oindo shall be released from prison to serve probation for a period of six (6) months from the date of release.

7. I so order.

8. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE