James v Republic [2022] KEHC 16860 (KLR)

James v Republic (Criminal Revision E130 of 2022) [2022] KEHC 16860 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16860 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E130 of 2022

RE Aburili, J

December 20, 2022

Between

Mohamed Oduor James Alias Major

Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 437 of 2022 by Hon. S. Mathenge, Senior Resident Magistrate on 9/9/2022)

Ruling

1. The convict Mohamed Oduor James alias Major was convicted of the offence of being in possession of an imitation of a firearm contrary to section 34(1) of the Firearms Act. He pleaded guilty to the charge and was sentenced to serve 4 years imprisonment. He has now served only three months of the four years.

2. I decline to revise the sentence imposed.

3. File closed.

4. Orders accordingly.

Dated, signed and Delivered at Siaya this 20thDay of December, 2022R E ABURILIJUDGE