Kenyeti & another v Republic [2023] KEHC 19802 (KLR)

Kenyeti & another v Republic (Criminal Revision E096 of 2023) [2023] KEHC 19802 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19802 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E096 of 2023

WA Okwany, J

June 29, 2023

Between

Zachary Mong’Are Kenyeti

1st Applicant

Hesbon Moenga Osoro

2nd Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E762 of 2022 by Hon. B.M. Kimtai, Principal Magistrate on 15th December 2022)

Ruling

1. The Applicants were convicted on their own plea of guilty for the offence of housebreaking contrary to section 304 (1) (a) of the Penal Code. The trial court sentenced each of them to serve 1-year imprisonment. The Applicants have both already served 3 months in custody.

2. There are 2 Sentence Review Reports on Record by Nicholas Ng’etich Kibet the Probation Officer filed on June 14, 2023. The Report in respect of the 1st Applicant recommends a non-custodial sentence. I, therefore, direct that the 1st Applicant serves a Community Service Order at the Mwongeri Chief’s Office under the supervision of Yabesh Ogeto Ayiera for the remaining 9 months of his sentence.

3. The second Report in respect of the 2nd Applicant does not recommend a non-custodial sentence because the community is against his release. I hereby direct that the 2nd 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