Biko v Republic [2023] KEHC 27482 (KLR)

Biko v Republic (Criminal Revision E046 of 2023) [2023] KEHC 27482 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27482 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E046 of 2023

MS Shariff, J

October 19, 2023

Between

Denis Omondi Steve Biko

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Denis Omondi Steve Biko was charged and convicted of the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code in Kisumu CM’s Cr. Case No. E178 of 2021. He was sentenced on 16th November, 2022 to imprisonment for a period of 18 months. He now applies for review of his sentence under the provisions of the Community Service Order.

2. I have perused the sentence review report dated 15th August, 2023 by Probation Officer, Kisumu and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.

4. File closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 19THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE