Manyala v Republic [2024] KEHC 11575 (KLR)

Manyala v Republic (Miscellaneous Criminal Application E156 of 2024) [2024] KEHC 11575 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11575 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E156 of 2024

RE Aburili, J

September 26, 2024

Between

Joshua Omondi Manyala

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Maseno Senior Principal Magistrate’s Court Criminal Case No. E019 of 2023)

Ruling

1. The Convict Joshua Omondi Manyala was sentenced vide Maseno SPM Criminal Case No. E019 of 2024 to serve 3 years’ imprisonment for the offence of assault causing actual bodily harm on 30th July 2024.

2. He applies for Sentence Review as he has reconciled with the complainant Isaac Omondi Mbala, as per the letter of Assistant Chief, Dago Sub-location dated 7th August 2024 after the conviction and sentence.

3. It follows that the court never had the chance to see the letter before sentence.

4. I hereby direct the lower court file No. Maseno SPM Criminal Case No. E019 of 2023 to be availed to this court and the Probation Officer to file a Sentence review report on the convict Joshua Omondi Manyala and complainant Isaac Omondi Mbala.

5. Mention on 16th October, 2024 to confirm compliance.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE