Arwa v Republic (Criminal Revision E217 of 2024) [2024] KEHC 16600 (KLR) (2 December 2024) (Ruling) Neutral citation: [2024] KEHC 16600 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E217 OF 2024 RE ABURILI, J DECEMBER 2, 2024 BETWEEN ALLAN ODHIAMBO ARWA .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Case No. E168 of 2024) RULING 1. On 18th March 2024, the convict Allan Odhiambo Arwa and another, the applicants in Criminal Revision No. 228 of 2024 were sentenced to a fine of Kshs.20,000 in default to serve one (1) year imprisonment for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code. 2. They stole a motor vehicle grill valued at Kshs.34,850. They have served 9 months of the 1 year imprisonment. 3. The presentence report on both convicts, with Antony Otieno Obonyo shows that they are 18 years old lads with bad habits and no fixed abodes. 4. Since they have 9 months of the 1 year imprisonment, in the spirit of prison decongestion, I hereby order that both convicts be conditionally released from prison, unless otherwise lawfully held, not to reoffend for 6 months. 5. Signal to issue. 6. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF DECEMBER, 2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16600/eng@2024-12-02 1
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R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16600/eng@2024-12-02 2
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