Brian Owino Danga v Republic [2018] KEHC 2234 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

HC. CR. REV. NO. 73 OF 2018

(CORAM: R. E. ABURILI - J.)

BRIAN OWINO DANGA.......................APPLICANT

VERSUS

REPUBLIC...........................................RESPONDENT

(Being an appeal against the sentence dated 11. 8.2017 in Criminal Case No. 381 of 2017 in Bondo Law Court before Hon. M. Obiero - PM)

JUDGMENT

The Convict Brian Owino Dangawas vide Bondo PM’s Criminal Case No. 381 of 2017 convicted for the offence of stealing contrary to Section 275 of the Penal Code.  This was after a plea of guilty upon which he was sentenced to serve 12 months imprisonment from 11/8/2017.

Through remission, he served sentence until 11/4/2018 instead of 10/8/2018.  Accordingly, I find the request herein for review of sentence to have been brought after the fact and therefore too late in the day.  The sentence which was lawful has been served and the Sentence Review Report by the Probation Officer dated 27/4/2018 reveals just that.

Accordingly, I order that this file be marked as closed for archiving purposes.

Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.

R.E. ABURILI

JUDGE