Barnabas v Republic [2022] KEHC 12389 (KLR)

Barnabas v Republic (Criminal Revision E026 of 2022) [2022] KEHC 12389 (KLR) (4 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12389 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E026 of 2022

JN Kamau, J

August 4, 2022

Between

James Nyamora Alias Barnabas

Applicant

and

The Republic

Respondent

Ruling

1. The applicant was charged and convicted on his own plea of guilty of the offence of burglary contrary to section 304(2) and stealing contrary to section 279(b) of thePenal Code Cap 63(Laws of Kenya). He was sentenced to two (2) years imprisonment on March 30, 2021. Although the report of Peter Mogusu Ayienda probation/community service officer that was filed on August 1, 2022 does not recommend the applicant’s release on a community service order, the applicant was to complete his sentence on July 30, 2022. If he is still in custody, it is hereby directed that he be released forthwith unless he be held for any other lawful cause. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022J KAMAUJUDGE