Oduor v Republic [2022] KEHC 16735 (KLR)

Oduor v Republic (Criminal Revision E079 of 2022) [2022] KEHC 16735 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16735 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E079 of 2022

RE Aburili, J

December 20, 2022

Between

George Omondi Oduor

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E142 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 4. 8.2022)

Ruling

1. The convict George Omondi Oduor was sentenced to serve 2 years imprisonment on August 4, 2022 for the offence of stealing from a dwelling house. He was arrested on May 1, 2022 and had initially pleaded not guilty but changed the plea.

2. The presentence report filed showed that he is 23 years old and has a previous conviction and is known to abuse drugs and alcohol.

3. I have considered the offence committed and the property stolen being a phone. The convict can benefit from prison decongestion. I order that the convict George Omondi shall be released from prison to serve unpaid community service at Wagai Police Post for a period of one (1) year, under close supervision by the officer in charge of the police post. Should the convict breach the SCO terms, he shall be rearrested and send back to prison to serve the unserved sentence.

4. I so order.

Dated, signed and delivered at Siaya, this 20thDay of December, 2022R.E. ABURILIJUDGE