Churchil Otieno Otieno v Republic [2023] KEHC 27463 (KLR)

Churchil Otieno Otieno v Republic (Criminal Revision E054 of 2023) [2023] KEHC 27463 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27463 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E054 of 2023

MS Shariff, J

October 18, 2023

Between

Churchil Otieno Otieno

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Churchil Otieno Otieno was charged and convicted of the offence of buglary contrary to Section 304 (2) and stealing contrary to section 279 (b) of the Penal Code in Kisumu CM’s Cr. Case No. E583 of 2022. He was sentenced on 22nd November, 2022 to imprisonment for a period of 2 years. 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 and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at St. Paul’s Kanyakwar Primary School for a period of 4 months.

3. The Applicant shall be supervised by the head teacher of St. Paul’s Kanyakwar Primary School and Probation Officer, Kisumu during the said period.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE