Onunga v Republic (Criminal Revision E248 of 2024) [2024] KEHC 16597 (KLR) (2 December 2024) (Ruling) Neutral citation: [2024] KEHC 16597 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E248 OF 2024 RE ABURILI, J DECEMBER 2, 2024 BETWEEN SAMSON OGALLO ONUNGA .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E493 of 2022) RULING 1. The convict Samson Ogallo Onunga was convicted of the offence of threatening to kill. He used a panga and the offence is serious. He denied the offence. 2. There is no Sentence Review Report for consideration. It is unsafe to exercise discretion on prison decongestion in such a serious case. 3. The offender is serving 3 years’ imprisonment from 23rd April 2024. He denied the charge. I decline to interfere with the sentence until the offender has gone through rehabilitation programmes in prison for reform and to respect life, and a report is filed in court for consideration. 4. This request for sentence revision is rejected. 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/2024/16597/eng@2024-12-02 1
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