Muhonja v Republic (Criminal Revision E249 of 2024) [2024] KEHC 16504 (KLR) (2 December 2024) (Ruling) Neutral citation: [2024] KEHC 16504 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E249 OF 2024 RE ABURILI, J DECEMBER 2, 2024 BETWEEN VIOLET MUHONJA ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Maseno Senior Principal Magistrate’s Court Criminal Case No. E292 of 2024) RULING 1. The offender was fined Kshs.60,000 in default to serve 8 months imprisonment on 29th July 2024 and she has already served 4 months imprisonment for the offence of being in possession of 80 litres of alcoholic drinks to wit, changaa. 2. The presentence review report dated 15th March 2024 shows her to be remorseful. She has a family to fend for. Non custodial sentence, (CSO) is recommended at Ojolla Primary School. 3. I have considered the sentence review report filed on 18th November 2024. 4. In the spirit of prison decongestion, I hereby order that the convict shall be released from prison on the sentence served not that schools are on long recess. She should be warned not to reoffend. 5. Signal to issue. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF DECEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16504/eng@2024-12-02 1
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