Onyango v Republic [2023] KEHC 27480 (KLR)

Onyango v Republic (Criminal Revision E108 of 2023) [2023] KEHC 27480 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27480 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E108 of 2023

MS Shariff, J

October 18, 2023

Between

Selestinus Ouma Onyango

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Selestinus Ouma Onyango was charged and convicted of the offence of robbery contrary to Section 295 as read with Section 296 (2) of the Penal Code in Winam SPM Cr. Case No. E029 of 2023. He was sentenced on 27th April, 2023 to pay a fine of Kshs.40,000 in default imprisonment for a period of 2 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 dated 11th August 2023 and I find that the same is favourable to the Applicant. I thus pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 hereby review the Applicant’s sentence and I do hereby issue a Community Service Order assigning him community service work at Winam Law Courts for a period of 4 months.

3. The Applicant shall be supervised by the head of station during the said period.

Delivered, signed and dated at Kisumu this 18th day of October, 2023. MWANAISHA S. SHARIFFJUDGE