Karani v Republic [2023] KEHC 19809 (KLR)

Karani v Republic (Criminal Revision E087 of 2023) [2023] KEHC 19809 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19809 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E087 of 2023

WA Okwany, J

June 29, 2023

Between

Sydney Karani

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E119 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 1st March 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The trial court sentenced him to serve 1-year imprisonment. The Applicant has already served 3 months of his sentence in custody. The Probation Report by Ng’etich Nicholas Kibet, the Probation Officer filed on June 14, 2023 does not recommend a non-custodial sentence. In the premise, I direct that the Applicant continues to serve the remaining part of his sentence in custody.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE