Onyango v Republic [2022] KEHC 16739 (KLR)

Onyango v Republic (Criminal Revision E089 of 2022) [2022] KEHC 16739 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16739 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E089 of 2022

RE Aburili, J

December 20, 2022

Between

Isaack Julius Onyango

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Ukwala PM Criminal Case No.E166 of 2022 delivered by Hon C.I Agutu, SRM on 16/11/2022)

Ruling

1. On November 16, 2022 the convict herein Isaack Julius Onyango was sentenced to serve two (2) years imprisonment for the offence of trafficking in narcotics. the quantity of the drug was 1. 4 kilograms valued at Kshs 1600. He pleaded not guilty to the charge and maintained his innocence claiming that he was framed after he took alcohol and was unbale to pay for it hence he was assaulted and arrested and charged with the offence. He was arrested on September 23, 2022. He was granted bail but he did not raise a surety hence he has been in custody since his arrest. No presentence report was called. There was no report that the convict was a repeat offender or that he was a difficult person.

2. I exercise discretion and revise the sentence imposed and order that the convict shall be released on community service order to perform unpaid community service at Aboke Police Patrol Base for a period of nine (9) months.

3. File closed.

4. I so order.

Dated, signed and delivered at Siaya, this 20thDay of December, 2022R.E. ABURILIJUDGE