Ouko v Republic [2023] KEHC 27455 (KLR)

Ouko v Republic (Criminal Revision E023 of 2023) [2023] KEHC 27455 (KLR) (17 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27455 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E023 of 2023

MS Shariff, J

October 17, 2023

Between

Benard Ouma Ouko

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged and convicted of the offence of malicious damage to property contrary to Section 339 (1) of the Penal Code in Nyando SPM Cr. Case No. E227 of 2023. The Applicant was sentenced to serve two years imprisonment on each of the two counts that he faced with an alternative of a fine of Kshs.50,000 on each count.

2. The Applicant had vandalized and stolen water pipes belonging to Kisumu Water Services Company Limited whereof he had committed an economic crime that was geared towards denying the residence of his locality access to water supply.

3. I have perused the sentence review report dated 1st August 2023 filed herein on 23rd august, 2023 and I note that whereas his family members desire that he be released under the provisions of the Community Service Order, the complainant does not and so is the community and the local administration. In any event the Applicant was sentenced on 5th May, 2023 and has only served a period of 5 months of his 4 years sentence.

4. On the balance I find that the Applicant is not eligible for review of his sentence under the Community Service Order at this juncture. The Applicant is at liberty to apply at a later date.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE