Onyango v Republic [2022] KEHC 16703 (KLR)

Onyango v Republic (Criminal Revision E095 of 2022) [2022] KEHC 16703 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16703 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E095 of 2022

RE Aburili, J

December 20, 2022

Between

Vincent Tabu Onyango

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Ukwala PM Criminal Case No. E037 of 2022 delivered by Hon C.I. Agutu, SRM on 15/9/2022)

Ruling

1. On September 15, 2022 the convict herein Vincent Tabu Onyango was sentenced to serve six months imprisonment for the offence of assault causing actual bodily harm. The presentence report revealed that the convict was not suitable for non-custodial sentence because he was threatening to kill the victim of the offence. The complainant is his father and that he is abusive towards his parents from whom he demands a share of his land. He is 27 years old. He is described as lazy and a truant although he is trained in masonry. That he abuses drugs and is very violent towards his parents. His surviving siblings are shown to be very responsible people in society and they include a university student, a carpenter and a doctor. He is unmarried.

2. He has already served three months of the six months imprisonment. I revise his sentence and order that the convict Vincent Tabu Onyango shall be released from prison conditional upon him not committing any offence for the next one year and to be reporting to the OCS at Sihay Police Station for the next three months from the date of release from prison.

3. File closed.

4. I so order.

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