Ochieng v Republic (Criminal Revision E216 of 2024) [2024] KEHC 16548 (KLR) (2 December 2024) (Ruling) Neutral citation: [2024] KEHC 16548 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E216 OF 2024 RE ABURILI, J DECEMBER 2, 2024 BETWEEN ELVIS OMONDI OCHIENG ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E538 of 2023) RULING 1. The convict Elvis Omondi Ochieng is a recidivist of theft cases, according to the presentence review report. 2. Sentence Review is declined. He shall serve full prison terms imposed as the presentence report paints him as a notorious thief and flight risk who cannot perform non-custodial sentence. Only Prison will rehabilitate him. 3. This file is 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/2024/16548/eng@2024-12-02 1
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