Waka v ODPP [2024] KEHC 5532 (KLR)

Waka v ODPP (Criminal Revision E243 of 2024) [2024] KEHC 5532 (KLR) (13 May 2024) (Order)

Neutral citation: [2024] KEHC 5532 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Revision E243 of 2024

PJO Otieno, J

May 13, 2024

Between

Aggrey Waka

Applicant

and

ODPP

Respondent

Order

1. Pursuant to the request for Revision dated 3. 5.2024, the Court called for the trial court file and the same has been availed.

2. On its perusal it is noted that the trial court noted that the Accused was a return offender having been convicted and fined by the court. The court took the view that the offender was not willing to mend his ways.

3. That was a relevant consideration by the court but it did not shut doors for other forms of punishment. The Court finds failure to consider other forms of punishment as improper and revises same.

4. The Offender is ordered to serve Community Service Order for a period of thirty (30) days at Kakamega Central Police Station under the supervision of the Base Commander.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 13TH DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGE