Odongo v Republic [2022] KEHC 11011 (KLR)

Odongo v Republic (Criminal Revision E055 of 2022) [2022] KEHC 11011 (KLR) (1 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11011 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E055 of 2022

JN Kamau, J

August 1, 2022

ORIGINALLY CR CASE NO E1642 OF 2021

Between

David Odhiambo Odongo

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of theft of a motor vehicle contrary to Section 278 (A) of the Penal Code Cap 63 (Laws of Kenya). He admitted the charge and was sentenced two (2) years imprisonment on 24/5/2021 having been arraigned in Court. He has served one (1) year and two (2) months in prison. His early date of release is 24/9/2022. The Report by Ezekiel Wesonga Probation/Community Service order filed on 29/7/2022 does not recommend his release on community service order. As the Applicant only has about one and a half (1 ½ ) months to finish his sentence and was not found suitable to be released on probation, I hereby decline to review the sentence and direct that he completes the remainder of his sentence in custody. Orders accordingly.

DATED and DELIVERED at BUSIA on this 1ST day of AUGUST 2022. J. KAMAUJUDGE