Onyangi v Republic [2022] KEHC 11103 (KLR)

Onyangi v Republic (Criminal Revision E006 of 2022) [2022] KEHC 11103 (KLR) (3 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11103 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E006 of 2022

JN Kamau, J

August 3, 2022

Between

Benerd Onchonga Onyangi

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of burglary contrary to Section 304(2) of the Penal Code Cap 63(Laws of Kenya) and stealing contrary to section 279(b) of the Penal Code. He was arrested on 28/5/2021 and arraigned in Court on 26/5/2021. He denied the charges and the matter proceeded to trial. He was convicted and sentenced to serve four (4) years imprisonment on 10/8/2021. His early date of release by Prison is 11/4/2024. The Report by Samuel Chuma Probation/Community Service Order that was filed on 1/8/2022 recommends that he serves the remainder of his sentence under Community Service Order. In view of the short period that the Applicant has served in prison, I hereby decline to revise the sentence. He is at liberty to bring a fresh application at the appropriate time for consideration by the court. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022. J. KAMAUJUDGE