Sunday & another v Republic [2022] KEHC 16727 (KLR)

Sunday & another v Republic (Criminal Revision E075 of 2022) [2022] KEHC 16727 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16727 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E075 of 2022

RE Aburili, J

December 20, 2022

Between

Stephen Sunday

1st Applicant

Michael Omondi

2nd Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E165 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 14. 9.2022)

Ruling

1. The 2 convicts Stephen Sunday and Michael Omondi were sentenced to serve 12 months imprisonment on September 14, 2022 for the offence of preparation to commit a felony. They pleaded guilty to the offence.

2. No presentence report was called for and filed.

3. They were arrested on June 9, 2022. In the spirit of prison decongestion, I revise their sentence and order that the two convicts Stephen Sunday and Michael Omondi shall be released from prison to perform unpaid community service at Siaya police station for a period of 8 months from date of release, to be supervised by officer commanding police station.

4. File closed.

5. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE