Aenda v Republic [2023] KEHC 23871 (KLR)

Aenda v Republic (Criminal Revision E071 of 2023) [2023] KEHC 23871 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23871 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E071 of 2023

RE Aburili, J

October 6, 2023

Between

Henry Ouma Aenda

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Chief Magistrate Criminal Case No. E1000 of 2022 at Kisumu)

Ruling

1. Henry Ouma Aenda is a convict vide Kisumu Chief Magistrate Criminal Case No. E1000 of 2022 for the offence of stealing motor vehicle parts. He was sentenced to serve three (3) years imprisonment.

2. He is a repeat offender who absconded probation in a previous conviction of stealing. He has no family ties. He left his home in Busia County for street scavenging in Kisumu City where he picks and sells scrap metals.

3. He is 44 years and unmarried with no children and no obligation to third parties.

4. Non-custodial sentence will not serve any purpose as he is incapable of being supervised.

5. In the premises, I decline to revise the prison sentence imposed on the convict Henry Ouma Aenda and order that he completes the three (3) years prison term meted out.

6. I so order.

7. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE