Oluoch v Republic [2022] KEHC 16706 (KLR)

Oluoch v Republic (Criminal Revision E106 of 2022) [2022] KEHC 16706 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16706 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E106 of 2022

RE Aburili, J

December 20, 2022

Between

Paul Baraza Oluoch

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM Criminal Case No. E110 of 2022 delivered by Hon J.P Nandi, PM on 27/4/2022)

Ruling

1. On April 27, 2022 the convict herein Paul Barza Oluoch was sentenced to serve one year for the offence of being found in possession of cannabis sativa. The presentence review report showed that he was a recidivist and that keeping him away from the community will help him reform a she had previously been convicted of the same offence. The value of the drugs that he was found in possession was kshs 40,000. His sentence had been reviewed in a different matter but he absconded and was again arrested and charged with the same offence. He has served the sentence substantially. In the spirit of prison decongestion, hereby review his sentence and order that the convict herein Paul Baraza Oluoch shall be released from prison to serve on Community Service at Bondo Police Station for the remained of this prison term of three months.

2. The file is hereby closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE