Okatch v Republic [2023] KEHC 27481 (KLR)

Okatch v Republic (Criminal Revision E031 of 2023) [2023] KEHC 27481 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27481 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E031 of 2023

MS Shariff, J

October 19, 2023

Between

Nashon Ochieng Okatch

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Nashon Ochieng Okatch was charged and convicted of the offence of burglary contrary to Section 304 (e) and stealing contrary to Section 263 as read with Section 275 of the Penal Code in Maseno SPM’s Cr. Case No. E364 of 2022. He was sentenced on 7th October, 2022 to imprisonment for a period of 2 years. He now applies for review of his sentence under the provisions of the Community Service Order.

2. I have perused the sentence review by Probation Officer, Maseno and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.

4. File closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE