Oyugi v Republic [2023] KEHC 23872 (KLR)

Oyugi v Republic (Criminal Revision E073 of 2023) [2023] KEHC 23872 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23872 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E073 of 2023

RE Aburili, J

October 6, 2023

Between

Alfred Obila Oyugi

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Chief Magistrate Criminal Case No. E143 of 2023 at Kisumu)

Ruling

1. Alfred Obila Oyugi was convicted vide Kisumu Chief Magistrate Criminal Case No. E143 of 2023 and sentenced to serve nine (9) months imprisonment for the offence of stealing by agent contrary to section 268(1) as red with section 283(b) of the Penal Code.

2. He stole from Modern Hearse Self Help Group Kshs.357,605 in his capacity as the treasurer of the group.

3. He unequivocally pleaded guilty to the charge and in mitigation, he stated that he intended to pay and was ready to repay in instalments.

4. He was in remand custody for one (1) month prior to sentencing on April 5, 2023 and now he has served six (6) months making it seven (7) months.

5. He had three (3) months to complete the term as at the time of interview by the Probation Officer.

6. The Convict completed his sentence on October 5, 2023 hence the sentence review is overtaken by events.

7. This file is hereby closed.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE