DA v Republic [2025] KEHC 6020 (KLR)

DA v Republic (Criminal Revision E042 of 2025) [2025] KEHC 6020 (KLR) (12 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6020 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Revision E042 of 2025

RN Nyakundi, J

May 12, 2025

Between

DA

Applicant

and

Republic

Respondent

Ruling

1. In this case the Applicant was charged with the offence of Cruelty to a child contrary to Section 152(1) (a) of the children Act 2022. The particulars of the offence are: On the divers dates between 1st July 2024 and 16th September 2024 at [Particulars withheld] Estate in Kibulgeny Location in Soy Sub County within Uasin Gishu County Being a mother to BC a child aged 7 years willfully assaulted the said BC by beating him with a charger cable an Act that caused injury to his health.

2. The Applicant pleaded guilty thereafter convicted and sentenced to 1 year imprisonment. According the probation officers report she is remaining with a balance of 3 weeks. In my view, I find no compelling reasons to place her on community service orders given the short period she is likely to serve as a candidate of non-custodial sentence.

3. For those reasons, the Applicant is discharged forthwith and computation of sentence to the period already served in prison. She is at liberty unless otherwise lawfully held

GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 12TH DAY OF MAY 2025…………………………………R. NYAKUNDIJUDGE