Ogoye v Republic [2023] KEHC 27458 (KLR)

Ogoye v Republic (Criminal Revision E053 of 2023) [2023] KEHC 27458 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27458 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E053 of 2023

MS Shariff, J

October 18, 2023

Between

Felix Onyango Ogoye

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Felix Onyango Ogoye was charged and convicted of the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code in Kisumu CM’s Cr. Case No. E228 of 2023. He was sentenced on 19th June, 2023 to serve 4 years imprisonment. He now applies for review of his sentence under the provisions of the Community Service Order.

2. I have perused the sentence review report dated 14th August 2023 and I find that the same is not favourable to the Applicant wherefore the Applicant shall serve his sentence in custody.

5. It is so ordered.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 18THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE