Sangiwa v Republic [2022] KEHC 16627 (KLR)

Sangiwa v Republic (Criminal Revision E125 of 2022) [2022] KEHC 16627 (KLR) (21 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16627 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E125 of 2022

RE Aburili, J

December 21, 2022

Between

Ian Joseph Sangiwa

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E744 of 2022 delivered by Hon. S.W. Mathenge, Senior Resident Magistrate on 8. 12. 2022)

Ruling

1. On 8/12/2022, the convict Ian Joseph Sangiwa was sentenced to serve 30 days imprisonment for possessing changaa to wit, two (2) litres.

2. He has served 15 days as he was arrested on 7/12/2022. He pleaded guilty.

3. As the convict is not a manufacturer and the quantity was little, I consider him a petty offender. I hereby revise the 30 days imprisonment and order that Ian Joseph Sangiwa be released from prison unconditionally, forthwith, unless otherwise lawfully held.

4. File closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE