Odinga v Republic [2022] KEHC 16737 (KLR)

Odinga v Republic (Criminal Revision E062 of 2022) [2022] KEHC 16737 (KLR) (22 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16737 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E062 of 2022

RE Aburili, J

December 22, 2022

Between

Godfrey Abisage Odinga

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E396 of 2022 delivered by Hon. L. Simiyu, Principal Magistrate on 8. 12. 2022)

Ruling

1. The convict Godfrey Abisage Odinga is described as a rowdy man who is a menace in the community and that he cannot abide by any non-custodial orders. He was however sentenced to a fine of sh 3,000/= in default, to serve 2 months imprisonment.

2. He pleaded guilty to the charge of burglary and stealing a sufuria valued at ksh 3,000/=. He is unable to raise the fine imposed.

3. He was arrested on November 23, 2022.

4. The presentence report reveals that he is married with children.

5. He claims to have stolen the sufuria or cooking pan to raise food although he blames his co-accused who was sentenced to serve CSO for 60 days.

6. The court gives the convict the benefit of doubt and revises his sentence. I order that the convict Godfrey Abisage Odinga shall be released from prison unless otherwise lawfully held, to perform unpaid community service at Mulwanda chief’s camp for 30 days, under the supervision of Paul Ambasi the area chief and not to re-offend.

7. File closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R.E. ABURILIJUDGE