Oyuga v Republic (Criminal Revision E067 of 2022) [2023] KEHC 3421 (KLR) (13 April 2023) (Ruling) Neutral citation: [2023] KEHC 3421 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E067 OF 2022 RE ABURILI, J APRIL 13, 2023 BETWEEN MICHAEL OCHIENG OYUGA .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant/Convict herein Michael Ochieng Oyuga is serving three (3) years prison term for the ofience of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code vide Winam Senior Principal Magistrate’s Court Criminal Case No 175 of 2022. 2. From the Sentence Review Report filed on June 28, 2022, the Convict is a recidivist and unsuitable for non-custodial sentence as he has served five (5) years prison term before, for a related ofience at Maseno Law Courts after violating probationary terms. 3. I find the Convict unsuitable for release on noncustodial terms. 4. The application for revision of sentence is dismissed. 5. Order to be extracted and served via prison authorities. File is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3421/eng@2023-04-13 1
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