Odhiambo v Republic [2024] KEHC 5014 (KLR)

Odhiambo v Republic (Criminal Revision E024 of 2024) [2024] KEHC 5014 (KLR) (7 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5014 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E024 of 2024

RE Aburili, J

May 7, 2024

Between

Oscar Odhiambo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Senior Principal Magistrate’s Court Traffic Case No. E079 of 2024 at Maseno)

Ruling

1. This file was opened for Sentence Review during Prison decongestion exercise in the month of March 2024.

2. However, no lower court file was availed for perusal and consideration of the sentence.

3. The Convict, Oscar Odhiambo who was convicted of the offence of acting as a conductor in public service vehicle without a PSV badge contrary to section 103A (1) as read with section 103A (7) of the Traffic Act, had, nonetheless paid a fine and was released before the file was opened.

4. As the Review was overtaken by events, this file is hereby closed.

5. The lower court file Maseno SPM Criminal Case Traffic No. E079 of 2024 to be returned forthwith.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF MAY, 2024R. E. ABURILIJUDGE