David Odhiambo Onyango v Republic [2019] KEHC 4797 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. 34 OF 2019

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

DAVID ODHIAMBO ONYANGO....................................................APPLICANT

VERSUS

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

(An Application seeking Revision of Sentence from Judgment delivered at Siaya Law Court on 10/4/2019 vide Criminal Case 323 of 2019 before Hon. T.M. Olando, SRM)

RULING

1.  I have considered the application for Sentence Review and the Probation Officer’s Report filed in court on 24/7/2019. The convict was sentenced to serve 2 years imprisonment for the offences of Burglary and Stealing.

2.  I am not satisfied that the Applicant is fit for Revision of Sentence to serve non-custodial sentence in view of him being a difficult person in the community.  Prison will help him reform and be rehabilitated.

3. The Application for Revision of sentence is declined and dismissed.  The convict to serve full sentence subject to qualification for remission.

Orders accordingly.

Dated, signed and Delivered at Siaya, this 29th Day of July 2019.

R.E. ABURILI

JUDGE