Kengwana v Republic [2025] KEHC 3088 (KLR)

Kengwana v Republic (Criminal Revision E026 of 2025) [2025] KEHC 3088 (KLR) (6 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3088 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E026 of 2025

WA Okwany, J

March 6, 2025

Between

Rose Bwali Kengwana

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E244 of 2024 by Hon. B.A. Jumar, Resident Magistrate on 18th February 2025)

Ruling

1. The Applicant was convicted for the offence of cheating contrary to Section 315 of the Penal Code. The trial court sentenced her to pay a fine of Kshs. fifty thousand (Kshs. 50,000/=) or to serve four (4) months imprisonment in default. The Applicant has served two (2) weeks of her sentence and is remaining with three (3) months to complete the sentence. The Sentence Review Report filed on 5th March 2025 by the Probation Officer Mr. Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order for three (3) months at Nyamira Probation Office under the supervision of the Probation Officer Nyamira. She will also undertake a short guidance and counselling program facilitated by the Probation Office during that period.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 6TH DAY OF MARCH 2025. W.A. OKWANYJUDGE