Okuku v Republic [2022] KEHC 12825 (KLR)

Okuku v Republic (Criminal Revision E029 of 2022) [2022] KEHC 12825 (KLR) (8 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12825 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E029 of 2022

RE Aburili, J

August 8, 2022

Between

Jorim Onyango Okuku

Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E1428/2021 by Hon. J.P. Nandi, Principal Magistrate on 12/4/2022)

Ruling

1. The convict is Jorim Onyango Okuku. He was convicted for the offences of preparation to commit a felony and for wearing uniform without authority and sentenced to serve one (1) year on each count. Sentences to run concurrently, from 12. 4.2022, which is about 4 months ago.

2. Sentences were imposed after mitigation and Presentence report was called for and considered by the trial court.

3. The Presentence report was negative on the release of the convict. However, the Sentence Review Report filed on 2/8/2022 is positive and the Probation Officer recommends that the convict be considered for probation sentence for the remaining period of his sentence.

4. I have considered all the mitigating circumstance described in the Sentence Review Report and the community attitude and the attitude of the convict towards rehabilitation and reformation. I am also alive to the fact that the convict is willing to change and amend his ways and to live harmoniously with the rest of the people in the society as he has a family that solely depends on him, including allegedly, his late brother’s orphaned children. He is also disabled in the right hand.

5. In the spirit of prison decongestion, I hereby order that the convict Jorim Onyango Okuku shall be released from prison to serve probation for the remainder of his concurrent prison sentence, from the date of his release. He shall be closely supervised, guided and counseled by the Probation Officer, Bondo.

6. I so order.

7. File closed.

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