Onyango v Republic [2023] KEHC 27469 (KLR)

Onyango v Republic (Criminal Revision E043 of 2023) [2023] KEHC 27469 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27469 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E043 of 2023

MS Shariff, J

October 18, 2023

Between

Kevin Asum Onyango

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Kevin Asum Onyango was charged and convicted of the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code in Tamu SPM’s Cr. Case No. E104 of 2020. He was sentenced on 19th July, 2021 to imprisonment for a period of 4 years. He now applies for review of his sentence under the provisions of the Community Service Order.

2. I have perused the sentence review report by Probation Officer, Muhoroni and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.

3. The Applicant is at liberty to apply after some time.

4. File closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE