Muzee v Republic [2022] KEHC 16859 (KLR)

Muzee v Republic (Criminal Revision E129 of 2022) [2022] KEHC 16859 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16859 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E129 of 2022

RE Aburili, J

December 20, 2022

Between

Kennedy Onyango Alias Muzee

Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 155 of 2022 by Hon. S. Mathenge, Senior Resident Magistrate on 11/11/2022)

Ruling

1. The convict Kennedy Onyango alias Muzee was convicted of the offence of stealing contrary to section 275 of the Penal Code and sentenced to serve four months imprisonment. He had pleaded not guilty to the charges. He has served one month of the prison sentence.

2. In the spirit of prison decongestion, I hereby revise the sentence impose don the convict and order that he shall be released conditional upon him not reoffending for the next one year. He shall report to Aram police station every Friday of each week for three months from the date of his release as he appears to be a menace to other fishermen in the area.

3. File closed.

4. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE