Gathi v Republic [2024] KEHC 9062 (KLR)

Gathi v Republic (Revision Case E507 of 2023) [2024] KEHC 9062 (KLR) (19 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9062 (KLR)

Republic of Kenya

In the High Court at Murang'a

Revision Case E507 of 2023

S Mbungi, J

July 19, 2024

Between

Johnson Gakuyu Gathi

Accused

and

Republic

Prosecution

Ruling

1. The convict Johnson Gakuyu Gathi sought power of revision of the court requesting the court to re sentence him. The court sought a report from the probation department. The report was filed by Geoffrey Mburu K. The Probation Officer after conducting a broad interview of the relevant parties formed His opinion that the inmate can benefit from non- custodial sentence and made such recommendation to the court.

2. I have looked at the charge and the period the inmate was sentenced to serve in prison. I have no reason to doubt the findings of the probation officer. I do revise the sentence of (2) two years the inmate had been sentenced to serve and order the inmate to serve probation for the remaining of the term.

Right of appeal 14 days.

DATED 19TH DAY OF JULY 2024 AND READ IN OPEN COURT IN THE PRESENCE TO THE INMATE, COURT ASSISTANT ELIZABETH AND PROSECUTOR.HON. MR. JUSTICE S. MBUNGIJUDGE OF THE HIGH COURT