Onyango v Republic [2022] KEHC 16850 (KLR)

Onyango v Republic (Criminal Revision E066 of 2022) [2022] KEHC 16850 (KLR) (22 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16850 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E066 of 2022

RE Aburili, J

December 22, 2022

Between

George Ochieng Onyango

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No E265 of 2022 delivered by Hon L Simiyu, Principal Magistrate on 17. 11. 2022)

Ruling

1. The convict George Ochieng Onyango is a repeat offender in offences of stealing. He is a previous convict and sentenced to 2 years imprisonment for stealing. He is now sentenced to serve 6 months imprisonment for stock theft. He pleaded guilty to the charge. The area chief and assistant chief were against a non-custodial sentence.

2. The convict has served 2 months of the 6 months imprisonment from October 25, 2022. He was given lenient sentence. I revise his sentence and order that the convict George Ochieng Onyango shall unless otherwise lawfully held, be released from prison to serve unpaid community service at the chief’s camp, North Gem for a period of four months, under close supervision of the chief. In breach of the community service order, he shall be arrested and returned to prison to complete the unserved term.

3. File closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R E ABURILIJUDGE