Obonyo v Republic [2024] KEHC 15734 (KLR)

Obonyo v Republic (Criminal Revision 230 of 2024) [2024] KEHC 15734 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15734 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 230 of 2024

DR Kavedza, J

December 13, 2024

Between

Bernard Oduor Obonyo

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Bernard Oduor Obonyo is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicant was convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death. The sentenced was later substituted with a sentence of fifteen (15) years imprisonment.

3. According to the Probation Report and Recommendation letter from prison on record, the applicant has been receptive to Rehabilitation programs while in prison.

4. From the record, the applicant has served 8 years imprisonment and is remaining with less than 3 years pursuant to remission. Due to the favourable probation and prison reports, it is my finding that the applicant is eligible for early release.

5. The applicant shall be placed granted a non-custodial sentence under the supervision of the sub-county probation officer Kibera for a period of three (3) years.

RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024________________D. KAVEDZAJUDGE