Getangwa v Republic [2024] KEHC 6506 (KLR)

Getangwa v Republic (Criminal Revision E021 of 2024) [2024] KEHC 6506 (KLR) (30 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6506 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E021 of 2024

WA Okwany, J

May 30, 2024

Between

John Ndubi Getangwa

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E540 of 2023 by Hon. B. Okong’o, Resident Magistrate on 9th June 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence malicious damage to property contrary to section 339 (1) of the Penal Code. The trial court sentenced him to pay a fine of Kshs. 30,000/= and further ordered him to compensate the complainant in the sum of Kshs. 30,000/- or in default, to serve 3 years’ imprisonment. The Applicant has served 10 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Keya Primary School under the supervision of the school head teacher for the remaining period of his setence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF MAY 2024. W.A. OKWANYJUDGE