Kassim Ochenga Wanga v Republic [2016] KEHC 4782 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA AT KAKAMEGA.

MISC. CRIMINAL REVISION NO. 278 OF 2015.

KASSIM OCHENGA WANGA ::::::::::::::::::::::::::::::::: APPLICANT.

VERSUS

REPUBLIC :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT.

(Being a Revision from the order of Butere Principal Magistrate's Court Criminal Case No.469 of 2014 by Hon. E.S.Olwade, Principal Magistrate on 30th December, 2014)

RULING ON REVISION.

1. The applicant was charged with the offence of stealing contrary to section 275 of the Penal Code.  He was sentenced to serve 2 years imprisonment with effect from 30th December, 2014.

2. A probation report on record shows that the applicant has undergone training in building and construction while in prison.  He has also undergone intensive guidance and counseling on life skills.  The said report indicates that he has reformed.

3. I note that the probation officer’s report is favourable to the applicant who has served a substantial part of his sentence.

4. I therefore order that the applicant, Kassim Ochenga Wanga should serve the remaining period of his sentence on Community Service at Butere Police Station.

It is so ordered.

DELIVERED, DATED and SIGNED at KAKAMEGAon this 27th day of May, 2016.

NJOKI MWANGI

JUDGE