Saka v Republic [2023] KEHC 23934 (KLR)

Saka v Republic (Criminal Revision E069 of 2023) [2023] KEHC 23934 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23934 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E069 of 2023

RE Aburili, J

October 6, 2023

Between

Stephen Omondi Saka

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E365 of 2022 at Nyando)

Ruling

1. The Convict Stephen Omondi Saka was convicted and sentenced to serve three (3) years imprisonment for the offence of Arson vide Nyando SPM Criminal Case No. E365 of 2022 on May 18, 2013.

2. He is a first offender. The complainant is his mother. He is 26 years old and unmarried. He is said to be giving his family sleepless nights as he has criminal tendencies hence his being in prison will reform him.

3. The Probation Officer does not recommend non-custodial sentence as the Convict is a threat to his own mother.

4. In the premises, I decline to revise the sentence imposed. The convict can apply after staying in prison for one (1) year and with a recommendation on his changed behaviour.

5. This file is closed. I so order.

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