Getanda v Republic [2022] KEHC 12724 (KLR)

Getanda v Republic (Criminal Revision E018 of 2022) [2022] KEHC 12724 (KLR) (3 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12724 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E018 of 2022

JN Kamau, J

August 3, 2022

Between

Annah Gesare Getanda

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code cap 63 (laws of Kenya). He was arrested on February 8, 2022 and arraigned in court on February 11, 2022 when he admitted to the charge. He was sentenced to two (2) years imprisonment on March 9, 2022. His early release date by prison is July 9, 2023.

2. The report by Samuel Chuma Probation/Community Service Officer that was filed on August 1, 2022 recommends that the applicant be released to serve community service order at Kerumbe Health Centre for the remaining period of eleven (11) months.

3. Taking the period between the date of his arrest and the date he was sentenced in line with section 333(2) of the Criminal Procedure Code cap 75 (laws of Kenya), it is hereby directed that the applicant be released to serve community service order as proposed in the aforesaid report until July 8, 2023. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J KAMAUJUDGE