Ochieng v Republic [2023] KEHC 3311 (KLR)

Ochieng v Republic (Criminal Revision E070 of 2022) [2023] KEHC 3311 (KLR) (13 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3311 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E070 of 2022

RE Aburili, J

April 13, 2023

Between

Dishon Odera Ochieng

Applicant

and

Republic

Respondent

Ruling

1. This matter was filed on July 8, 2022 following a sentence revision request and report filed on June 28, 2022 by the Probation Officer, Winam.

2. The Convict Dishon Odera Ochieng was sentenced to serve three (3) years imprisonment on March 31, 2022 for the offence of assault causing actual bodily harm. He is to complete sentence on March 31, 2024. He has now served one (1) year in prison.

3. The sentence review report dated June 28, 2022 was positive that he was suitable for early release on probation for two (2) years and nine (9) months at Winam Probation office.

4. That he was remorseful, obedient and had no other criminal record, was a hardworking and responsible person.

5. As the convict has served part of the sentence imposed, I hereby order for his release from prison forthwith to perform community service at Winam Law Courts for a period of four months under the supervision of the Senior Principal Magistrate, Winam Law Courts.

6. This order to be extracted and served on the Probation Officer, Winam Law Courts and Prison authorities at Kisumu Medium.

7. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE