Otieno v Republic [2023] KEHC 27468 (KLR)

Otieno v Republic (Criminal Revision E040 of 2023) [2023] KEHC 27468 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27468 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E040 of 2023

MS Shariff, J

October 19, 2023

Between

Charles Odhiambo Otieno

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Charles Odhiambo Otieno was charged and convicted of the offence of stealing from a locked room contrary to Section 279 (g) of the Penal Code in Tamu SPM’s Cr. Case No. E269 of 2021. He was sentenced on 3rd August, 2022 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 dated 17th August, 2023 by Probation Officer, Tamu and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.

3. File closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE