Republic v Obuwa [2024] KEHC 6211 (KLR)

Republic v Obuwa (Criminal Case E031 of 2023) [2024] KEHC 6211 (KLR) (22 May 2024) (Sentence)

Neutral citation: [2024] KEHC 6211 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case E031 of 2023

PJO Otieno, J

May 22, 2024

Between

Republic

Prosecution

and

Simon Otieno Obuwa

Accused

Sentence

1. I have listened and taken into account the address by the two Counsel in mitigation.

2. I have equally read the Pre-sentence Report and appreciate that while the stepmother and uncle are not in tandem, the area Chief, representing the Community paints a picture of a young man who has and continues to face obstacles in life.

3. Noting that incarceration is not the only way to rehabilitate offenders, the Accused is sentenced to a Probation term of three (3) years under the supervision of the County Director of Probation or any of the officer assigned by him.

4. As part of the probation term, he is directed never to go back to the village where the offence took place. This order is made with the appreciation that one Jackton Obuwa, uncle has agreed to accommodate the offender and settle him in Bungoma.

5. He has a right of appeal within fourteen (14) days from today.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 22ND DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. Wanyonyi for the AccusedCourt Assistant: Polycap