Seda v Republic [2023] KEHC 23938 (KLR)

Seda v Republic (Criminal Revision E082 of 2023) [2023] KEHC 23938 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23938 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E082 of 2023

RE Aburili, J

October 6, 2023

Between

Emmanuel Ouma Seda

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E423 of 2022 at Nyando)

Ruling

1. The convict Emmanuel Ouma Seda was sentenced to serve two (2) years imprisonment on June 28, 2022 for the offences of Housebreaking and stealing. He pleaded guilty to the charge.

2. The Probation Officer’s report filed in court on August 23, 2023 reveals that the convict has no fixed abode and hence a non-custodial sentence will not be served as he will be impossible to be supervised.

3. In the community as reported, he is a habitual offender who steals and takes off living in different towns. He is not married hence no obligation to third parties.

4. In view of the above, I hereby decline to revise the sentence imposed.

5. The convict to serve full prison term imposed. This file is closed.

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