Ewoi v Republic [2024] KEHC 3290 (KLR)

Ewoi v Republic (Revision Case E140 of 2024) [2024] KEHC 3290 (KLR) (9 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3290 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E140 of 2024

HM Nyaga, J

April 9, 2024

Between

David Ewoi

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.

2. The Applicant was charged with the offence of:Cutting and removing forest produce from a provisional forest without authority Contrary to Section 64(10 (a) as read with Section 64(2) and Section 68(1) (a) (c) of the Forest Conservation Management Act 2016. The particulars are that;On the 18th day of September 2023 at around 1830 hours at Koibatek Forest, within Molo Sub-County, in Nakuru County, unlawfully cut and removed three (3) cypress trees using an axe and a panga all valued at Kshs. 5,965/= the property of Kenya Forest Service without a licence or permit from the Kenya Forest Service.

3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 50,000/- in default to serve one (1) year in jail.

4. The Applicant has served a substantial part of this sentence.

5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Nguzo River Primary School.

6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Nguzo River Primary School for three (3) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 9TH DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state