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Original judgment

Gabriel Omondi Odhiambo & 1 other v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL REV. NO. 839 OF 2018 GABRIEL OMONDI ODHIAMBO........APPLICANT VERSUS REPUBLIC...........................................RESPONDENT RULING The Applicant was convicted for the offence of demanding money by menaces contrary to Section 302 of the Penal Code. Although the offence carries a maximum penalty of ten years, the Applicant was a first offender and is remorseful. He has cumulatively been in custody for one year nine months which is sufficient punishment. I accordingly set aside the reminder of the sentence and order that the Applicant forthwith set free unless otherwise lawfully held. DATED and DELIVERED this 27th day of November, 2018 G.W. NGENYE-MACHARIA JUDGE In the presence of: 1. Applicant present in person 2. Atina for the Respondent

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