[2023] KEHC 2292 (KLR)
The court exercised its revisionary jurisdiction to substitute the remaining term of imprisonment with a probation order, having found no legal impediment or pending proceedings. The applicant, convicted of assault causing actual bodily harm and sentenced to one year imprisonment, was released from prison and placed...
Source-derived case information.
- Citation
- [2023] KEHC 2292 (KLR)
- Parties
- Applicant: Eric Otieno Ngongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E104 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Applicant released from prison and placed on probation. File closed.
- Judges
- RE Aburili
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Otieno Ngongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should continue serving imprisonment or be placed on probation.
- 2 Whether there are any pending proceedings in the matter.
Ratio Decidendi
The court exercised its revisionary jurisdiction to substitute the remaining term of imprisonment with a probation order, having found no legal impediment or pending proceedings. The applicant, convicted of assault causing actual bodily harm and sentenced to one year imprisonment, was released from prison and placed on probation until a specified date. The court found this appropriate in the circumstances and ordered the file closed as there were no further matters pending.
Court Disposition
Application for revision allowed. Applicant released from prison and placed on probation. File closed.
Orders
- The applicant Eric Otieno Ngongo is released from prison and placed on probation until 28th March 2023.
- There being no other proceedings pending, the file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ngongo v Republic (Criminal Revision E104 of 2022) [2023] KEHC 2292 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2292 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E104 of 2022
RE Aburili, J
March 23, 2023
Between
Eric Otieno Ngongo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E625 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on 29th July 2022)
Ruling
1. On 21st December 2022, the Court issued orders releasing the convict herein Eric Otieno Ngongo from prison and placing him on probation until 28th March 2023.
2. The convict was convicted and sentenced to serve one (1) year imprisonment for the offence of assault causing actual bodily harm on 29th July 2022 vide Kisumu Chief Magistrate Criminal Case No. E625 of 2022.
3. As there are no other proceedings pending in this matter, this file is accordingly closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MARCH, 2023R. E. ABURILIJUDGE