Nyede v Republic [2022] KEHC 16783 (KLR)

Nyede v Republic (Criminal Revision E082 of 2022) [2022] KEHC 16783 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16783 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E082 of 2022

RE Aburili, J

December 20, 2022

Between

Victor Ochieng Nyede

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E842 of 2021 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 20. 7.2022)

Ruling

1. The convict Victor Ochieng Nyede was sentenced to serve two (2) years imprisonment for the offences of obstruction of a police officer and incitement to violence.

2. He pleaded guilty after a while. He was arrested on November 8, 2021. He was sentence on July 20, 2022 after changing his plea.

3. The presentence report shows he was remorseful. He had been in custody since November 8, 2021 which is over one year now.

4. In the spirit of prison decongestion, I order that the convict Victor Ochieng Nyede shall be released from prison to serve unpaid Community Service at the nearest police post for a period of nine months from the date of release, to be under supervision of the Officer Incharge of the nearest police post to his home as shall be identified by the Probation Officer.

5. File closed.

6. I so order.

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