Okumu v Republic [2023] KEHC 27467 (KLR)

Okumu v Republic (Criminal Revision E107 of 2023) [2023] KEHC 27467 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27467 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E107 of 2023

MS Shariff, J

October 18, 2023

Between

Grace Auma Okumu

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Grace Auma Okumu was charged and convicted of the offence of obtaining money by false pretense contrary to Section 313 of the Penal Code in Winam SPM Cr. Case No. E660 of 2020. He was sentenced on 10th May, 2023 to serve 2 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 11th August 2023 and I find that the same is not favourable to the Applicant.

3. The Applicant herein declined to cooperate with the Probation Officer. She is said to be exhibiting withdrawal syndrome, is violent and has even declined visitations by her relatives. Presently the Applicant is held in a solitary cell.

4. Premised upon the reasons aforestated I order that the Applicant be committed to a psychiatric institution for a period of 6 months whereafter she is at liberty to apply.

5. This file is marked as closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 18THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFF................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR