Gabriel Omondi Odhiambo v Republic [2018] KEHC 9824 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL REV. NO. 839 OF 2018

GABRIEL OMONDI ODHIAMBO........APPLICANT

VERSUS

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

RULING

The Applicant was convicted for the offence of demanding money by menaces contrary to Section 302 of the Penal Code.

Although the offence carries a maximum penalty of ten years, the Applicant was a first offender and is remorseful.  He has cumulatively been in custody for one year nine months which is sufficient punishment.

I accordingly set aside the reminder of the sentence and order that the Applicant   forthwith set free unless otherwise lawfully held.

DATED and DELIVERED this 27th day of November, 2018

G.W. NGENYE-MACHARIA

JUDGE

In the presence of:

1. Applicant present in person

2. Atina for the Respondent