Kamau v Republic [2024] KEHC 3569 (KLR)

Kamau v Republic (Revision Case E076 of 2024) [2024] KEHC 3569 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3569 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E076 of 2024

HM Nyaga, J

March 14, 2024

Between

Daniel Macharia Kamau

Applicant

and

Republic

Respondent

Ruling

1. The accused was charged with the offence of;Assault causing actual bodily harm contrary to section 251 of the Penal Code.

2. The sentence review report is to the effect that the applicant is not suitable for a non-custodial sentence on account of fear by the complainant

3. I don’t think that the fears are sufficient to deny the Applicant a revision of the sentence. He is due to complete his sentence in a month or so anyway.

4. Consequently, I revise the sentence of the lower court and sentence the Applicant to the time served.

5. The Applicant is to be set at liberty unless lawfully held.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 14THDAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state