Ohore v Republic [2022] KEHC 16776 (KLR)

Ohore v Republic (Criminal Revision E113 of 2022) [2022] KEHC 16776 (KLR) (21 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16776 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E113 of 2022

RE Aburili, J

December 21, 2022

Between

Vincent Onyango Ohore alias Akula

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E379 of 2021 delivered by Hon. S.W. Mathenge, Resident Magistrate on 22. 8.2022)

Ruling

1. The convict Vincent Onyango Ohore was convicted and fined Kshs 50,000/= in default to serve 6 months imprisonment on August 22, 2022 for the offence of grevious harm. The sentence was lenient. He wrote to court asking that the cashbail of Kshs 30,000/= which was deposited into court be treated as a fine. No orders were made on that request.

2. I make the following order, in view of the short sentence imposed.1. That the cash bail deposited into court at Bondo PM’s court in Criminal Case No E379/2021 by Vincent Onyango Ohore be forfeited as part of the fine imposed on the convict.2. That the said cashbail of Kshs, 30,000/= in full be paid to the complainant Ambrose Ochieng Opiyo by the court as part of the compensation for the injuries sustained by the complainant following the assault.3. The convict shall be released on conditional discharge not to reoffend within the next one year and to be reporting to Bondo Police Station every Friday of the week to the OCS Bondo Police Station for a period of three months from the date of his release.4. The complainant to be located and paid the Kshs 30,000/= cash bail deposited into court and the Deputy Registrar of this Court to be notified in writing once such payment is made.5. This order and Ruling to be served upon the Principal Magistrate, Bondo Law Courts.

3. I so order. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE