Owira v Republic [2023] KEHC 27483 (KLR)

Owira v Republic (Criminal Revision E057 of 2023) [2023] KEHC 27483 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27483 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E057 of 2023

MS Shariff, J

October 19, 2023

Between

Peter Owira

Applicant

and

Republic

Respondent

Ruling

1. The Applicant Peter Owira was charged and convicted of the offence of malicious damage to property contrary to section 339 (i) and stealing contrary to section 268 (i) as read with section 275 of the Penal Code in Nyando SPM’s Cr. Case No. E273 of 2023. He was sentenced on 14th June, 2023 to imprisonment for a period of 6 months. He now applies for review of his sentence under the provisions of the Community Service Order.

2. I have perused the sentence review dated 18th August, 2023 by Probation Officer, Nyando and I find that the same is unfavourable to the Applicant. I thus order that the Applicant continues serving his sentence in custody.

4. File closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 19THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFF....................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR