Mutai v Republic [2023] KEHC 27476 (KLR)

Mutai v Republic (Criminal Revision E052 of 2023) [2023] KEHC 27476 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27476 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E052 of 2023

MS Shariff, J

October 19, 2023

Between

Simon Mutai

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Simon Mutai was charged and convicted of the offence of arson contrary to Section 332 of the Penal Code in Tamu SPM’s Cr. Case No. E062 of 2022. He was sentenced on 29th June, 2023 to imprisonment for a period of 5 years. He now applies for review of his sentence under the provisions of the Community Service Order.

2. I have perused the sentence review report by Probation Officer, Muhoroni and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.

4. File closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 19THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE