REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 114 OF 2019
CHARLES OPONDO...............................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 1180 of 2019 at Siaya Principal Magistrate’s Court, delivered on 13.12.2019)
RULING
1. The convict Charles Opondo was convicted for the offence of manufacturing Chang’aa and being in possession of Chang’aa. This was on 13/12/2019 vide Siaya PM’s court Cr. Case No, 1180/2019.
2. He was fined Kshs. 18,000/= in default to serve 6 months imprisonment. He has been in prison for only 7 days.
3. The request for revision is rejected as the applicant has only served 7 days of the 6 months imprisonment The convict is at liberty to file a fresh request after serving at least one month in prison for consideration on merit as the offence of manufacturing changaa is serious and the sentence imposed is lawful and lenient. The plea was also unequivocal.
4. The application is declined.
5. File closed.
6. Orders accordingly.
Dated, signed and delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE