Omosa v Republic [2023] KEHC 19841 (KLR)

Omosa v Republic (Criminal Revision E029 of 2023) [2023] KEHC 19841 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19841 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E029 of 2023

WA Okwany, J

June 29, 2023

Between

Kelvin Bangi Omosa

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E016 of 2023 by Hon. C. Ombija, Senior Resident Magistrate on 9th January 2023. )

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of grievous harm contrary to section 234 of the Penal Code. The trial court sentenced him to pay a fine of Kshs 50,000/= or in default, to serve 1 year imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicant was released from Kisii GK Prison on May 28, 2023 on Presidential pardon. In the unlikely event that he is still in custody, it is hereby directed that he be released forthwith unless he be held for any other lawful cause. The revision file is hereby closed.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE