Case Metadata |
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| Case Number: | Criminal Revision 107 of 2019 |
|---|---|
| Parties: | Zachary Ouma Onyango v Republic |
| Date Delivered: | 20 Dec 2019 |
| Case Class: | Criminal |
| Court: | High Court at Siaya |
| Case Action: | Ruling |
| Judge(s): | Roselyne Ekirapa Aburili |
| Citation: | Zachary Ouma Onyango v Republic [2019] eKLR |
| Case History: | (Being an Application for Revision of sentence in Criminal Case No. 584 of 2019 at Bondo Principal Magistrate’s Court, delivered on 28.11.2019) |
| Court Division: | Criminal |
| County: | Siaya |
| History Docket No: | Criminal Case 584 of 2019 |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 107 OF 2019
ZACHARY OUMA ONYANGO..................APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No.
584 of 2019 at Bondo Principal Magistrate’s Court, delivered on 28.11.2019)
RULING
1. The convict ZACHARY OUMA ONYANO was sentenced on 18/11/2019 for the offence of creating a disturbance contrary to Section 95(1)(b) of the Penal Code. He was sentenced to serve 6 months imprisonment in Ukwala SRM Cr. C. No. 584/2019. He has so far served only one month. The sentence imposed was the maximum for the misdemeanour. The convict could have benefitted from alternative non-custodial sentence. However, the sentence is lawful.
2. In view of the congestion in prison, I exercise judicial discretion and substitute the remainder of the prison sentence with a conditional discharge under Section 35 of the Penal Code for the convict not to commit any offence in the next one year and in breach thereof the convict shall be send back to prison to serve the balance of the prison term unserved.
3. File closed.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE
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