Oguda v Republic [2022] KEHC 12839 (KLR)

Oguda v Republic (Criminal Revision E032 of 2022) [2022] KEHC 12839 (KLR) (8 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12839 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E032 of 2022

RE Aburili, J

August 8, 2022

Between

Alphayo Maima Oguda

Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E1777/2021 by Hon. J.P. Nandi, Principal Magistrate on 8/10/2021)

Ruling

1. The convict Alphayo Maima Oguda was convicted on his own Plea of guilty and sentenced to serve one year imprisonment on 8/12/2021 for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.

2. The victim is his 89 year old father who is said to be paralyzed as a result of the assault occasioned by the convict.

3. The family members are unwilling to have the convict be released on non-custodial sentence. He is aged 30 years but very violent towards his aged father and family members.

4. Non-custodial sentence is not recommended because the convict is said not have any fixed abode.

5. I however observe that the convict’s last day in prison is 8/8/2022 from the Prison’s records. He may have served the sentence with remission. I declined Sentence Review and mark the file as closed.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THDAY OF AUGUST, 2022R.E. ABURILIJUDGE