Ouma v Republic [2022] KEHC 11836 (KLR)

Ouma v Republic (Criminal Revision EO78 of 2022) [2022] KEHC 11836 (KLR) (2 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11836 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision EO78 of 2022

JN Kamau, J

August 2, 2022

Between

Geofrey Ameja Ouma

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with ten (10) counts relating to Fraudulent procurement of a Title Deed contrary to Section 103 (1) ( c ) (i) of the Land Registration Act, 2012, Forgery contrary to Section 345 as read with Section 34a of the Penal Code Cap 63 (Laws of Kenya). Uttering a False document contrary to Section 353 of the Penal Code and Perjury contrary to Section 108 (i) (a) as read with the Penal Code. He was arrested on 27/8/18 and arraigned in court on 1/10/18 when he denied the charges. The matter proceeded to trial and he was convicted of the offence of uttering a false document and fined ksh.100,000/= and in default to serve one (1) year imprisonment on 8/3/2022. His early date of release as per Prison is 8/11/2022. He has so far spent five (5) months in prison with only three (3) months of his sentence remaining. The Report of Abdirashid Osman Probation/Community Service Officer that was filed on 29/7/2022 recommends that he serves Community Service at Matayos Chief’s Office Matayos location. Accordingly, I hereby direct that the Applicant be and is hereby released to serve Community Service as recommended in the aforesaid Report.

Orders accordingly.

DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE