Maurice Oulo Ongiro v Republic [2020] KEHC 7130 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. 31 ‘B’ OF 2020

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

MAURICE OULO ONGIRO.......APPLICANT

VERSUS

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

(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 219 of 2019 dated 4. 1.2018 before Hon. S.W. Mathenge, Resident Magistrate)

RULING

1. The convict herein Maurice Oulo Ongiro was convicted and sentenced to pay a fine of Kshs 20,000/= in default to serve 4 months in prison on 14/2/2020. He has now served one month in prison for assaulting his ex-wife ostensibly for refusing to let him in her house after they parted ways 3 years earlier. He had pleaded not guilty and the Prosecution called witnesses to prove their case.

2. He mitigated upon being found guilty, that he had 2 wives, including thre complainant victim and 7 children. He sought for forgiveness. He is a first offender. No probation report was called  for on the convict.

3. I have considered the request for Sentence Revision for prisons decongestion purposes., the mitigations and the fact that the convict is a first offender and did not use any dangerous or potentially dangerous weapon to assault his ex-wife who sustained minor soft tissue injuries as per the P3 form produced as exhibit.  He is also remorseful although I find no justification for assaulting his ex-wife who was not interested in him by kicking and slapping her.

4. He has served  one  month and five days in prison. He can benefit from prison decongestions. I therefore exercise judicial discretion and suspend the remainder of the prison term and order for the release of the convict Maurice Oulo Ongiro from prison with a warning not to reoffend for the next six months breach of which he shall be recommitted to prison to complete sentence.

5. Orders accordingly.

Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.

R.E. ABURILI

JUDGE

FURTHER ORDER

Upon making the above order on sentence revision, this court has received  a report from Officer In charge G.K Prisons Siaya stating that the convict was released upon paying the fine on 2/3/2020.

Accordingly, the order above revising sentence is hereby reviewed and set aside and the file herein is closed.

Orders accordingly.

Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.

R.E. ABURILI

JUDGE